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) 
















CHARTERS, ORDINANCES 


AND 

OTHER DOCUMENTS 


RELATING TO THE 

Corporate Property and Franchises 

♦ 

OP THE 

Cbicaoo anb IRovtbern pacific IRailroab 

Company, 

Ube 

Cbtcaoo anb Calumet terminal 
1Railwa\> Company, 


AND THEIR 

CONSTITUENT CORPORATIONS, 

Recorded prior to March 1st, 1892. 


Compiled from the 

Public Records and arranged with an Introduction, Notes and Map, 

By HENRY S. BOUTELL. 


Chicago: 

PRESS OF BARNARD & GUNTHORP. 

1892. 


( 


Of C S 


\> VWT GOVXiuvuj. S JF X 

AFP. 20 1822 I 
/ (a j 




.> ) > 




726 


Copyright, 1892, 

By henry s. boutell. 

All rights reserved. 


Gable of Contents. 


Introduction, . . ix. 

Table showing Railroads in Illinois, .xxii. 

Table showing Railroads in Cook County, .xxiii. 

Map showing territorial growth op Chicago, .xxv. 


PART I. —CHARTERS. 

LaSalle and Chicago Railroad Company, .1 

Proceedings for change of name to Chicago and Great Western Railroad 

Company,.6 

Chicago and Western Dummy Railway,.9 

Certificate of increase of Capital Stock,.13 

Chicago, Harlem and Batavia Railway Company,.15 

Bridgeport and South Chicago Railroad Company,.17 

Chicago and Northern Pacific Railroad Company,.19 

Chicago Central Railway Company,.22 

Chicago and Southwestern Railroad Company,.24 

Chicago and Calumet Terminal Railway Company,.26 

Calumet River Railway Company,.28 

Hammond and Lake Michigan Railway Company,.31 

Articles of Consolidation, Calumet Terminal Railway Company, ... 33 

Chicago and Wisconsin Railroad Company,.44 

Chicago South Branch Dock Company, 46 


PART II. — ORDINANCES. 

LaSalle and Chicago Railroad Company, Chicago,.1 

Chicago and Great Western Railroad Company, Chicago, 1885, ... 7 

Chicago and Great Western Railroad Company, Polk street, 1887, . . 11 

Chicago and Great Western Railroad Company, Polk street, 1888, . . 13 

Chicago and Great Western Railroad Company, Cicero, 1885, ... 18 

Vacating Barry Point Road, Cicero, .22 

Chicago and Great Western Railroad Company, West Park Board, 1886, . 24 

Chicago and Northern Pacific Railroad Company, Taylor street, June 15th, 

1891,.27 

Repeal of foregoing ordinance,.31 

Chicago and Northern Pacific Railroad Company, Taylor street, July 20th, 

1891,.32 

Amendment of foregoing ordinance,.35 

Amendment of Chicago and Great Western Cicero Ordinance of 1885, . 37 

Chicago and Northern Pacific Railroad Company, Cicero, Telegraph, . . 39 

Chicago and Northern Pacific Railroad Company, West Park Board, 1891, . 40 

Amendment of Chicago and Great Western West Park Board Ordinance of 
1886, 


io 


-J 


42 








IV 


Chicago and Northern Pacific Railroad Company, South Park Board, 1891, . 44 

Chicago and Northern Pacific Railroad Company, Harlem, Telegraph, . . 48 

Chicago and Northern Pacific Railroad Company, River Forest, Telegraph, . 49 

Chicago and Wisconsin Railroad Company, Harlem, 1885, .... 51 

Chicago and Wisconsin Railroad Company, River Forest, 1885, ... 54 

Vandercook, Dummy Railway, Cicero, 1879,. 59 

Chicago and Western Dummy Railway Company, Cicero, 1881, ... 63 

Chicago and Western Dummy Railway Company, Cicero, 1882, ... 67 

Chicago and Western Dummy Railway Company, Proviso, 1882, ... 70 

Chicago and Western Dummy Railway Company, River Forest, 1883, . . 73 

Chicago, Harlem and Batavia Railway Company, Cicero, 1887. ... 75 

Chicago, Harlem and Batavia Railway Company, Cicero, Crawford Avenue, 80 

Chicago, Harlenrand Batavia Railway Company, Harlem, 1887, ... 82 

Chicago, Harlem and Batavia Railway Company, River Forest, 1887, . . 88 

Bridgeport and South Chicago Railroad Company, Cicero, 1887, ... 96 

Repeal of foregoing ordinance,.98 

Chicago and Southwestern Railroad Company, Cicero, 1890, .... 99 

Amendment of foregoing ordinance,.106 

Chicago Central Railway Company, Blue Island, 1890,. 107 

Amendment of foregoing ordinance..Ill 

Chicago Central Railway Company, Morgan Park, 1891, . . . .112 

Chicago and Calumet Terminal Railway Company, Blue Island, 1891, . . 113 

Chicago and Calumet Terminal Railway Company, Hammond, 1891, . . 115 

Chicago South Branch Canal Company, Chicago, 1857,. 121 

Record of Plats for use of parts of streets for station grounds, . . .123 

General provisions of Municipal Code of Chicago, relating to railroads, . 125 

General Ordinance of Chicago, relating to speed of trains, . . . .130 

General Ordinance of Chicago, relating to gates at railway crossings, . . 135 

General Ordinance of Chicago, relating to viaducts,.136 


PART IIP —DEEDS, LEASES, etc. 

Deed, United States to Chicago and Great Western Railroad Company, . I 

Act of Congress authorizing foregoing deed,. 4 

Deed, Chicago and Great Western Railroad Company to Chicago and Wis¬ 
consin Railroad Company, *.. 7 

Lease, Chicago and Wisconsin Railroad Company to Chicago and Great 

Western'Railroad Company,. 13 

Lease, Chicago and Wisconsin Railroad Company to Chicago, Wisconsin and 

Minnesota Railroad Company,.22 

Deed, City of Chicago to John P. Neal,.29 

Lease, Cicero School Trustees to Chicago and Great Western Railroad 

Company,.'. 35 

Plat of Greene’s South Branch Addition. on 

Deed, Chicago South Branch Dock Company to Bridgeport and South Chicago 

Railroad Company,.. 


* 




V 


Deed, (liicago and Great Western Railroad Company to Chicago and Northern 

Pacific Railroad Company,.43 

Deed, Chicago, Harlem and Batavia Railway Company to Chicago and 

Northern Pacific Railroad Company,.45 

Deed, Bridgeport and South Chicago Railroad Company to Chicago and 

Northern Pacific Railroad Company,.47 

Lease, Chicago and Northern Pacific Railroad Company to Wisconsin Central 

Company,.49 

Lease, Wisconsin Central Company to Northern Pacific Railroad Company, . 78 

Agreement, Grant Land Association with Chicago and Southwestern Rail¬ 
road Company,.114 

PART IV. —MORTGAGES. 

Chicago and Great Western Railroad Company, 1873,.1 

Release of foregoing mortgage,.18 

Neal and Chicago and Great Western Railroad Company to City of Chicago, 23 

Chicago and Great Western Railroad Company, 1886,. 34 

Chicago and Northern Pacific, 1890,. 67 

Resolution of stockholders authorizing and approving foregoing mortgage, . 103 

Chicago and Calumet Terminal Railway, 1888,. 106 

Resolution of stockholders ratifying foregoing mortgage, .... 129 

Agreement limiting issue of bonds under foregoing mortgage, . . . 132 

PART V. —CORPORATE SEALS. 

The Chicago and Great Western Railroad Company,.1-2 

The Chicago, Harlem and Batavia Railway Company,.1-2 

The Bridgeport and South Chicago Railroad Company,.1-2 

Chicago and Northern Pacific Railroad Company,.3-4 

The Chicago Central Railway Company,.3-4 

The Chicago and Southwestern Railroad Company,.3-4 

Chicago and Calumet Terminal Railway Company,.5-6 

The Calumet River Railway Company,.5-6 

Hammond and Lake Michigan Railway Company,.5-6 

The Chicago South Branch Dock Company,.7-8 
































' . 

- .. 







INTRODUCTION. 










































" 




















* 






































































































■ 



































































































































1 













INTRODUCTION. 


A railroad company, in constructing and operating its road 
within the limits of the City of Chicago, in addition to the rights 
and franchises contained in its charter from the State of Illinois, 
must possess additional rights, secured by contract, permit or ordi¬ 
nance, from one or all of the following governments or municipal 
corporations: The United States of America, the County of Cook, 
the towns of South Chicago, West Chicago, North Chicago, Jeffer¬ 
son, Lake, Hyde Park, Lake View, Cicero and Calumet, the West 
Chicago Park Commissioners, the South Park Commissioners, the 
Lincoln Park Commissioners, the Commissioners of the Illinois and 
Michigan Canal, the Trustees of the Sanitary District of Chicago 
and the City of Chicago. 


State or Illinois. 

The territory now embraced within the limits of the States of Illi¬ 
nois and Indiana was formerly a part of the territory of the Com¬ 
monwealth of Virginia. By act of December 20, 1783, the Legis¬ 
lature of Virginia authorized its delegates in Congress to convey to 
the United States that portion of the territory of the colony lying 
north-westward of the Ohio river. The deed of session was made 
March 1, 1784. An act passed by the Colonial Congress July 13, 
1787, and thereafter known as the Ordinance of 1787, became the 
organic law for the government of the territory so ceded, which 
was known as the Northwest Territory. By act of Congress of 
May 7, 1800, this territory was divided into two separate govern¬ 
ments, that portion included within the present limits of the States 
of Illinois and Indiana being known as the Indiana Territory. By 
act of Congress of February 3, 1809, the Territory of Indiana was 
divided into two separate governments, known as the Territory of 
Indiana and the Territory of Illinois. Indiana was admitted to 



X 


the Union December 11, 1816. April 18, 1818, Congress passed 
an act to enable the people of the Illinois Territory to form a con¬ 
stitution and State government. August 26, 1818, a constitutional 
convention held at Kaskaskia passed an ordinance accepting the 
provisons of the enabling act of April 18, 1818, and December 3, 
1818, a resolution of Congress declaring the admission of Illinois 

7 O O 


into the Union was approved. 

The first constitution of the State of Illinois was adopted August 
26, 1818. The second constitution of the State was adopted by 
convention August 31, 1847, ratified by a vote of the people March 
6, 1848, and in force April 1, 1848. The present constitution of 
the State of Illinois was adopted in convention May 13, 1870, rat¬ 
ified by the people July 2, 1870, and in force August 8, 1870. 

Prior to the adoption of the present constitution the Legislature 
of the State of Illinois had full power to pass private laws and 
grant special charters to corporations, either in perpetuity or for a 
limited term. Although from time to time general incorporation 
laws were passed applicable to certain kinds of corporations, as a 
general rule all corporations, whether civil, charitable, municipal 
or railroad, were organized under special charters. The constitu¬ 
tion of 1870 contains the following provisions relating to corporations 
and railroads: 


ARTICLE XI. 


CORPORATIONS. 

Section 1 . Xo corporation shall be created by special laws, or 
its charter extended, changed or amended, except those for chari¬ 
table, educational, penal or reformatory purposes, which are to be 
and remain under the patronage and control of the State, but the 
General Assembly shall provide, by general laws, for the organi¬ 
zation of all corporations hereafter to be created. 

Section 2. All existing charters or grants of special or exclusive 
privileges, under which organization shall not have taken place, or 
which shall not have been in operation within ten days from the 
time this Constitution takes effect, shall thereafter have no validity 
or effect whatever. 

Section 3. The General Assembly shall provide, by law, that in 
all elections for directors or managers of incorporated companies. 


XI 


every stockholder shall have the right to vote, in person or by 
proxy, for the number of shares of stock owned by him, for as 
many persons as there are directors or managers to be elected, or 
to cumulate said shares, and give one candidate as many votes as 
the number,of directors multiplied by the number of his shares of 
stock shall equal, or to distribute them on the same principle 
among as many candidates as he shall think lit; and such directors 


or managers shall not be elected in any other manner. 

Section 4. No law shall be passed by the General Assembly 
granting the right to construct and operate a street railroad within 
any city, town or incorporated village, without requiring the con¬ 
sent of the local authorities having the control of the street or 

highway proposed to be occupied by such street railroad. 

* * * * * 


1 


AAILROADS. 


Section 9. Every railroad corporation organized or doing busi¬ 
ness in this State, under the laws or authority thereof, shall have and 
maintain a public office or place in this State for the transaction 
of its business, where transfers of stock shall be made, and in which 
shall be kept for public inspection, books in which shall be 
recorded the amount of capital stock subscribed, and by 
whom; the names of the owners of its stock, and the amounts 
owned by them respectively; the amount of stock paid in, and by 
whom; the transfer of said stock; the amount of its assets and 
liabilities, and the names and place of residence of its officers. The 
directors of every railroad corporation shall, annually, make a re¬ 
port, under oath, to the Auditor of public accounts, or some officer 
to be designated by law, of all their acts and doings, which report 
shall include such matters relating to railroads as may be prescribed 
by law. And the General Assembly shall pass laws enforcing by 
suitable penalties the provisions of this section. 

Section 10. The rolling stock, and all other movable property be¬ 
longing to any railrad company or corporation in this State, shall 
be considered personal property, and shall lie liable to execution 
and sale in the same manner as the personal property of individu¬ 
als, and the General Assembly shall pass no law exempting any 
such property from execution and sale. 

Section 11. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation owning 
a parallel or competing line ; and in no case shall any consolidation 
take place, exeept upon public notice given, of at least sixty days, 
to all stockholders, in such manner as may be provided by law. 
A majority of the directors of any railroad corporation, now in¬ 
corporated or hereafter to be incorporated by the laws of this 
State, shall be citizens and residents of this State. 


Xll 


Section 12. Railways heretofore constructed, or that may here¬ 
after be constructed in this State, are hereby declared public high¬ 
ways, and shall be free to all persons for the transportation of their 
persons and property thereon, under such regulations as may be 
prescribed by law. And the General Assembly shall, from time 
to time, pass laws establishing reasonable maximum rates of 
charges for the transportation of passengers and freight on the differ¬ 
ent railroads in this State. 

Section 13. No railroad corporation shall issue any stock or bonds, 
except for money, labor or property actually received, and applied 
to the purposes for which such corporation was created ; and all stock 
dividends, and other fictitious increase of the capital stock or indebt¬ 
edness of any such corporation, shall be void. The capital stock 
of no railroad corporation shall be increased for any purpose, ex¬ 
cept upon giving sixty days’ public notice, in such manner as may 
be provided by law. 

Section 14. The exercise of the power, and the right of eminent 
domain, shall never be so construed or abridged as to prevent the 
taking, by the General Assembly, of the property and franchises of 
incorporated companies already organized, and subjecting them to 
the public necessity, the same as of individuals. The right of trial 
by jury shall be held inviolate in all trials of claims for compen¬ 
sation, when, in the exercise of the said right of eminent domain, 
any incorporated company shall be interested either for or against 
the exercise of said right. 

Section. 15. The General Assembly shall pass laws to correct 
abuses and prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this State, 
and enforce such laws by adequate penalties, to the extent, if nec¬ 
essary for that purpose, of forfeiture of their property and fran¬ 
chises. 


In accordance with these constitutional provisions, the legisla¬ 
ture has passed general laws for the organization of all corpo¬ 
rations for all purposes, so that the charter rights of an incorpo¬ 
rated company organized in Illinois under the present constitutional 
provisions, are contained in its articles of incorporation, and the 
law under which it is incorporated, with all subsequent additions 
and amendments. 

The first railroad company incorporated in Illinois, was 
the Chicago and Vincennes Railroad Company, Avhose charter was 
granted January 17th, 1835. there are now ninety-four railroads 
in the State, operating over ten thousand miles of road. The Table 
on page xxii shows a full list of these roads. 


Xlll 


The railroad mileage of Illinois has doubled in the last twenty 
years, and is now the largest of any State in the Union. 

The population of Illinois at the date of its admission to the 
Union was 34,620; in 1880, it was 3,077,871, and in 1890, it was 
3,826,351. 


For the purpose of electing members of the General Assembly 
the state is divided into fifty-one Senatorial Districts and a Senator 
and three Representatives are elected from each district. The 


Senators are elected for four years and the Representatives for two 
years. The Legislature meets every other year, although the 
Governor may convene the Assembly for special purposes at any 
time. 


United States of America. 


Article IV. of the Ordinance of 1787, contains the following 
provision: “ The navigable waters leading into the Mississippi and 
Saint Lawrence and the carrying places between the same shall be 
common highways and forever free as Avell to the inhabitants of 
the said territory as to the citizens of the United States, and those 
of any other States that may be admitted into the Confederacy, 
without any tax, impost or duty therefor.” The Chicago river is 
a navigable stream and subject to this provision of the Ordinance 
of 1787, and when the State of Illinois was organized it acquired 
control over this river, subject to this provision, and subject also to 
the right of Congress to assert at any time its jurisdiction and con¬ 
trol. September 19, 1890, Congress passed an Act relating to the 
construction of bridges and the placing of obstructions in the navi¬ 
gable waters of the United States. The provisions of the law 
relatino: to this matter are as follows: 


Chapter 907 United States Statutes, 1890. 

Section 4. That section nine of the river and harbor act of 
August eleventh, eighteen hundred and eighty-eight, be amended 
and re-enacted so as to read as follows: 

That whenever the Secretary of War shall have good reason to 
believe that any railroad or other bridge now constructed, or 


which may hereafter be constructed over any of the navigable 
water-ways of the United States is an unreasonable obstruction to 
the free navigation of such waters on account of insufficient height, 
width of span, or otherwise, or where there is difficulty in passing 
the draw-opening, or the draw-span of such bridge by rafts, steam¬ 
boats, or other water-craft, it shall be the duty of the said Secretary, 
first giving the parties reasonable opportunity to be heard, to give 
notice to the persons or corporations owning or controlling such 
bridge so to alter the same as to render navigation through or 
under it reasonably free, easy, and unobstructed; and in giving 
such notice he shall specify the changes required to be made, and 
shall prescribe in each case a reasonable time in which to make 
them. If at the end of such time the alteration has not been 
made, the Secretary of War shall forthwith notify the United 
States district attorney for the district in which such bridge is 
situated, to the end that the criminal proceedings mentioned in 
the succeeding section may be taken. 

Sec. 5. That section ten of the river and harbor act of August 
eleventh, eighteen hundred and eighty-eight, be amended and 
reenacted so as to read as follows : 

That if the persons, corporation, or association owning or con¬ 
trolling any railroad or other bridge shall, after receiving notice 
to that effect, as hereinbefore required from the Secretary of War, 
and within the time prescribed by him, wilfully fail or refuse to 
remove the same, or to comply with the lawful order of the Secre¬ 
tary of War in the premises, such persons, corporation or associa¬ 
tion shall be deemed guilty of misdemeanor and, on conviction 
thereof, shall be punished by a line not exceeding five thousand 
dollars, and every month such persons, corporation, or association 
shall remain in default in respect to the removal or alteration of 
such bridge shall be deemed a new offense, and subject the per¬ 
sons, corporation, or association so offending to the penalties above 
prescribed. 


Sec. 6 . That it shall not be lawful to cast,, throw, empty, or 
unlade, or cause, suffer, or procure to be cast, thrown, emptied, or 
unladen, either from or out of any ship, vessel, lighter, barge, boat 
or other craft, or from the shore, pier, wharf, furnace, manufact¬ 
uring establisments, or mills of any kind whatever, any ballast, 
stone, slate, gravel, earth, rubbish, wreck, filth, slabs, edgings, 
sawdust, slag, cinders, ashes, refuse, or other waste of any kind, 
into any port, road, roadstead, harbor, haven, navigable river, or 
navigable waters of the United States which shall tend to impede 
or obtruct navigation, or to deposit or place or cause, suffer, or 
procure to be deposited or placed, any ballast, stone, slate, gravel, 
earth, rubbish, wreck, filth, slabs, edgings, sawdust, or other waste in 
any place or situation on the bank of any navigable waters where 


XV 


the same shall be liable to be washed into such navigable waters, 
either by ordinary or high tides, or by storms or floods, or other¬ 
wise, whereby navigation shall or may be impeded or obstructed: 
Provided , That nothing herein contained shall extend or be con¬ 
strued to extend to the casting out, unlading, or throwing out of 
any ship or vessel, lighter, barge, boat, or other craft, any stones, 
rocks, bricks, lime, or other materials used, or to be used, in or 
toward the building, repairing, or keeping in repair any quay, 
pier, wharf, weir, bridge, building, or other work lawfully erected 
or to be erected on the banks or sides of any port, harbor, haven, 
channel, or navigable river, or to the casting out, unlading, or de¬ 
positing of any material excavated for the improvement of navigable 
waters, into such places and in such manner as may be deemed by the 
United States officer supervising said improvement most judicious 
and practicable and for the best interests of such improvements, or 
to prevent the depositing of any substance above mentioned under 
a permit from the Secretary of War, which is hereby authorized to 
grant, in any place designated by him where navigation will not. 
be obstructed thereby. 

Sec. 7. That it shall not be lawful to build any wharf, pier, 
dolphin, boom, dam, weir, breakwater, bulkhead, jetty, or 
structure of any kind outside established harbor-lines, or in any 
navigable waters of the United States where no harbor-lines are or 
may be established, without the permission of the Secretary of War, 
in any port, roadstead, haven, harbor, navigable river, or other 
waters of the United States, in such manner, as shall obstruct 
or impair navigation, commerce, or anchorage of said waters, and 
it shall not be lawful hereafter to commence the construction of 
any bridge, bridge-draw, bridge-piers and abutements, causeway 
or other works over or in any port, road, roadstead, haven, harbor, 
navigable river, or navigable waters of the United States, under 
any act of the legislative assembly of any State, until the location 
and plan of such bridge or other works have been submitted to and 
approved by the Secretary of War, or to excavate or fill, or in any 
manner to alter or modify the course, location, condition, or capacity 
of the channel of said navigable water of the United States, unless 
approved and authorized by the Secretary of War: Provided , That 
this section shall not apply to any bridge, bridge-draw, bridge-piers 
and abutments the construction of which has been heretofore duly 
authorized by law, or be so construed as to authorize the construc¬ 
tion of any bridge, draw-bridge, bridge-piers and abutments, 
or other works, under an act of the legislature of any State, over 
or in any stream, port, roadstead, haven or harbor, or other navigable 
water not wholly within the limits of such State. 

Sec. 8. That all wrecks of vessels and other obstructions to the 
navigation of any port, roadstead, harbor, or navigable river, or 


XVI 


other navigable waters of the United States, which may have been 
permitted by the owners thereof or the parties by whom they were 
caused to remain to the injury of commerce and navigation for a 
longer period than two months, shall be subject to be broken up 
and removed by the Secretary of War, without liability for any 
damage to the owners of the same. 

Sec. 9. That it shall not be laAvful for any person or persons to 
take possession of or make use for any exclusive purpose, or build 
upon, alter, deface, destroy, injure, obstruct, or in any other man¬ 
ner impair the usefulness of any sea-wall, bulkhead, jetty, dike, 
levee, wharf, pier, or other work built by the United States in 
whole or in part, for the preservation and improvement of any of 
its navigable waters, or to prevent floods, or as boundary marks, 
tide-gauges, surveying-stations, buoys, or other established marks, 
nor remove for ballast or other purposes any stone or other ma¬ 
terial composing such works. 

Sec. 10. That the creation of any obstruction, not affirmatively 
authorized by law, to the navigable capacity of any waters, in re¬ 
spect of which the United States has jurisdiction, is hereby pro¬ 
hibited. The continuance of any such obstruction, except bridges, 
piers, docks and wharves, and similar structures erected for busi¬ 
ness purposes, whether heretofore or hereafter created, shall consti¬ 
tute an offense, and each week’s continuance of any such obstruc¬ 
tion shall be deemed a separate offense. Every person and every 
corporation which shall be guilty of creating or continuing any 
such unlawful obstrur tion in this act mentioned, or who shall vio¬ 
late the provisions of the last four preceding sections of this act, 
shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding five thousand dol¬ 
lars, or by imprisonment (in the case of a natural person) not ex¬ 
ceeding one year, or by both such punishments, in the discretion of 
the court, the creating or continuing of any unlawful obstruction 
in this act mentioned may be prevented, and such obstruction may 
be caused to be removed by the injunction of any circuit court ex¬ 
ercising jurisdiction in any district in which such obstruction may 
be threatened or may exist; and proper proceedings in equity to 
this end may be instituted under the direction of the Attorney-Gen¬ 
eral of the United States. 

Sec. 11 . That it shall be the duty of officers and agents having 
the supervision, on the part of the United States, of the works in 
progress for the preservation and improvement of said navigable 
waters, and, in their absence, of the United States collectors of 
customs and other revenue officers, to enforce the provisions of 
this act by giving information to the district attorney of the 
United States for the district in which any violation of any pro¬ 
vision of this act shall have been committed: Provided , That the 


XVII 


provisions of this act shall not apply to Torch Lake, Houghton 
County, Michigan. 

Sec. 12. That section twelve of the river and harbor act of 
August eleventh, eighteen hundred and eighty-eight, be amended 
and re-enacted so as to read as follows: 

Where it is made manifest to the Secretary of War that the es¬ 
tablishment of harbor-lines is essential to the preservation and pro¬ 
tection of harbors, he may, and is hereby authorized, to cause such 
lines to be established, beyond which no piers, wharves, bulk¬ 
heads or other works shall be extended or deposits made, except 
under such regulations as may be prescribed from time to time by 
him; and any person who shall wilfully violate the pro¬ 
visions of this section, or any rule or regulation made by the Sec¬ 
retary of War in pursuance of this section, shall be deemed guilty 
of a misdeamor, and on conviction thereof, shall be punished by 
a fine not exceeding one thousand dollars, or imprisonment not ex¬ 
ceeding one year, at the discretion of the court for each offense. 

County of Cook. 

The government of the County of Cook, in which the City of 
Chicago is situated, is vested in a Board of fifteen Commissioners, 
who are elected annually, ten of them from the City of Chicago 
and five from outside of the city. The board has the powers over 
county buildings, roads, bridges, etc., usually vested in supervisors 
or other similar county officials. The question of the power of the 
County Board over railroads has been discussed in the case of The 
County of Cook v. the Chicago and Great Western Railroad 
Company, 119 Ill., 218. 


Towns. 

There are within the municipal limits of the City of Chicago 
nine unincorporated towns, or township organizations, as above 
enumerated. These towns exercise, through their officers, certain 
powers over matters of taxation, school property and other matters 
not directly controlled by the city or county. 


Park Commissioners. 

There are three boards of Park Commissioners, exercising cer¬ 
tain powers within the limits of the City of Chicago. The Lincoln 


xviii 

Park Board, the West Park Board and the South Park Board were 
all originally organized under special charters, but their powers 
have from time to time been enlarged or amended by general laws 
applicable to park boards. They have the power to lay out boule¬ 
vards, and to accept from the city the control and jurisdiction over 
such streets as they may desire to improve and maintain as boule¬ 
vards. These boulevards cannot be crossed by a railroad without 
an ordinance from the Park Board controlling the boulevard 
sought to be crossed. Some of these boulevards are 250 feet in 
width. 


Canal Commissioners. 

In 1822 the United States government vested in the State of 
Illinois certain government lands for the purpose of constructing a 
canal to connect the waters of Lake Michigan with the Illinois 
river. The State accepted this grant and the Illinois and Michi¬ 
gan canal was built from a point on the south branch of the Chi¬ 
cago river, now within the heart of the city, south-westerly through 
the city and thence in a general south-westerly direction to the 
Illinois river. The control of the canal is now vested in a board of 
three commissioners, who are appointed by the Governor, and 
hold office for two years. The approval of the Canal Commis¬ 
sioners must be obtained for the construction of a bridge over 
the canal. 


The Sanitary District. 

The Sanitary District of Chicago was organized in accordance 
with the provisions of an act in force July 1, 1889. The board 
consists of nine trustees who are elected for live years. This board 
has the power of condemnation, and proposes to construct a drain¬ 
age canal from some point on the south branch of the Chicago 

O 

river south-westerly for the purpose of carrying the sewage from 
the city of Chicago and the territory embraced in the Sanitary 
District, into the Illinois river. After the location and construc¬ 
tion of this canal it can not be crossed by a railroad without an 
ordinance from the Trustees of the Sanitary District. 


i 


XIX 


City of Chicago. 


Chicago was originally incorporated as a town by a special act 
of the legislature, passed February 11, 1835. Its city charter was 
granted March 4, 1837. April 23, 1875, the city was reorganized 
under the General City and Village Incorporation Act of 1872. All 
cities organized under the provisions of this act have similar gov¬ 
ernments and equal powers. A railroad company cannot construct 
its.tracks along or across a street or alley within the limits of an 
organized city or village without an ordinance, and a city or 
village organized under the general incorporation law cannot 
authorize a railroad company to construct its road along any 
street or alley without the consent of the owners of a majority 
of the property fronting upon that portion of the street or alley 
to be occupied by railroad tracks. A municipality organized 
under a special charter may, however, unless there is a pro¬ 
vision to the contrary in its charter, authorize by ordinance the 
construction of a railroad aloim a street or alley without such con- 
sent of the property owners. The town of Cicero may, under its 
special charter, pass an ordinance giving a railroad company the 
right to construct its line along any of its streets or alleys without 
the consent of the property owners. 

By the terms of the General City and Village Incorporation Act 
the State ceded to cities and villages organized thereunder the 
control of all streams and water-courses within the municipal lim¬ 
its, and the City of Chicago has absolute control of the bridging 
of the river, subject, however, to the provisions of the Act of Con¬ 
gress of September 19th, 1890. 

The population of Chicago in 1830 was 70. The Table on the 
Map, page xxv, shows the growth of the city in area and popula¬ 
tion since that date. 

In 1872 there were eleven trunk line railroads entering Chicago. 
There are now twenty-two trunk line railroads entering Chicago, 
using six passenger stations. 

No statistics are kept showing the number of cars handled in 
and out of Chicago annually, but the Car Service Association han- 


XX 


died one million track-cars each way, in the year 1891. The cars 
handled by this Association represent about twenty-five per cent, of 
all the cars handled in the city, so that four million cars each way 
or eiofht million cars in all would be a safe estimate of the cars 

o 

handled in Chicago in the year 1891. 

The government of the City of Chicago is vested in a Common 

o #y o 

Council, consisting of the Mayor and sixty-eioht Aldermen. The 
city is divided into thirty-four wards and two aldermen are elected 
from each ward. One-half of the members of the Council are elected 
each year. 


Portions of the railroad of the Chicago and Northern Pacific Rail- 
road Company,the Chicago and Calumet Terminal Railway Company, 
and their constituent corporations lie within the limits of the fol¬ 
lowing municipalities: The Villages of Riverside, Blue Island, 
River Forest, Harlem, Morgan Park and Harvey, and the Town of 
Cicero, in the State of Illinois, and the City of Hammond and the 
Town of East Chicago, in the State of Indiana. 

The villages named were all incorporated under the General Act 
of 1872 : Riverside, June 25th, 1875, Blue Island, March 4tli, 
1874^, River Forest, October 24th, 1880, Harlem, February 20th, 
1884, Morgan Park, June 8tli, 1882, Harvey, May 11th, 1891. 

An extension of the municipal limits of Morgan Park was made 
July 29th, 1891. 

In villages organized under the general law of 1872 the govern¬ 
ment is vested in a Board of six Trustees and a President, who are 
elected annually. 

An act to incorporate the Town of Cicero was passed by the 
General Assembly of the State of Illinois February 28th, 1867, 
but no steps were taken to organize under this act. March 25th, 
1869, the present charter of the Town of Cicero was granted. The 
government is vested in a Board consisting of the Supervisor, Asses¬ 
sor, Collector and four Trustees. The Supervisor, Assessor, Collec¬ 
tor and one Trustee are elected each year. The Board elects its 
own President. 


XXI 


The City of Hammond, Indiana, was incorporated under the 
General City Incorporation Law of the State of Indiana, December 
4th, 1883. The government is vested in a Board of six Aldermen, 
three of whom are elected each year. 

The Town of East Chicago was incorporated under the General 
Incorporation Act of the State of Indiana, April 9th, 1889. The 
government is vested in a Board of five Trustees, three of whom 
are elected one year and two the following year. 


XXII 


TABLE SHOWING MILEAGE OF RAILROADS OPERATED IN THE STATE 

OF ILLINOIS. 

Compiled from the verified returns to the State Board of Equilization for the year 1891. 


No. of Co’y. II 

NAME OF COMPANY. 

Length 

OF 

Main Track. 

Length of 
Second 
Main Track. 

• 

Length of 
Side or Turn¬ 
out Track. 

Miles. 

Feet. 

Miles. 

Feet. 

Miles. 

Feet. 

1 

Baltimore & Ohio & Chicago. 

5 

4,821 

5 

4,548 

If 

4,976 

2 

Rpllvillp Eldorsi.dn . 

49 

1,99C 

. 


] 

3.080 

3 

4 

Belt Railway Company of Chicago. 

Plalnmpt Rr. Rlup Tsla.nd 

20 

3,125 

10 

2,808 

38 

1,687 

5 

Cla.limipf, R.ivpr 

4 

2,312 





6 

Gpntralia, Ri. Chester. 

8 




6(0 

7 

Chicago & Alton. 

576 

572 

76 

1,106 

163 

375 

g 

Clhipaero. Rnrlinoton Sj. Northern 

94 

3,985 



17 

3,152 

9 

Chicago, Burlington & Quincy. 

846 

3,263 

202 

3,941 

315 

1,524 

10 

Clhiftrt.e'o Sj. f!a,lnmfit Tprminn.1 

24 

5,233 



7 

1,106 

11 

Chicago & Eastern Illinois... 

184 

4,793 

32 

5,178 

75 

12 1 

12 

Chip.a.pr> Ri. Erie . 







13 

Chicago & Grand Trunk. 

21 

5,209 

11 

263 

10 

4,038 

14 

Chiea.or*. Havana, Ri. Westprn 

132 

1,379 



12 

1.174 

15 

Ghina.PT> Rr. Illinois Southern 


2,200 




500 

16 

China.f^o Rr. Indiana. State T.ine.. 

6 

524 



1 

2.200 

17 

CJhifiRiro Sj. Iowa, ...... 

101 

2,304 



19 

3,677 

18 

China,o-o Rj. Kenosha. 





19 

Madison Sj. Northern ... . 

135 

4,291 



29 

1,728 

20 

Chicago, Milwaukee & St. Paul. 

317 

2,321 

58 

2.915 

158 

280 

21 

Chicago & Northern Pacific. 

18 

361 

14 

3.848 

35 

1,670 

22 

Chicago & Northwestern. 

466 

3,876 

180 

1,846 

252 

3,440 

23 

China, pt> Rr. Ohio River. 

85 

2,233 



4 

2,489 

24 

China.pr*, Peoria, Rr, St. T.onis . 

164 

504 



13 

2.192 

25 

Chicago, Rock Island & Pacific. 

234 

3,720 

181 

1,776 

156 

1.918 

26 

C! hi on. o*o Sta.nta, Fp Sj. California .. 

279 

2,364 



125 

2.434 

27 

China,!>ri St Louis Rr. Pa.dnna.h 

53 

3,409 



4 

4- 1 79! 

28 

China,fro, St Pa.nl Rr. Kansas City.. 

146 

3,848 



20 

175 

29 

China,oT> Rr. Southeastern 






30 

China.To Rr. South Side Ranid Transit 

2 

159 





31 

Chicago & Springfield. 

111 

2,502 



17 

2,167 

32 

Chicago Union Transfer. 

12 

5 J64 

19 

698 


110 

33 

Chicago & Western Indiana. 

27 

1,602 

20 

3,053 

53 

4,466 

31 

Cleveland, Cincinnati, Chicago & St I.oifis. 

624 

3,050 



139 

1,477 

35 

De Pne, T.a.dd Rr. Ea,stern 

3 

1,780 




2,000 

36 

East St. Louis & Carondelet. 

9 

1,320 



7 

37 

East St, T.onis Connecting. 

3 

2,475 



16 

4,292 

38 

Electric City & Illinois ..7. 

7 

2,720 



4 

3.720 

39 

Elgin, Joliet & Eastern. 

145 

3^241 



46 

1.727 

40 

Englewood Connecting. 

2 

1,858 




4,121 

41 

Fulton County Narrow Gauge. 

59 

1,584 



2 

• J ,706 

42 

Galesburg & Rio."T. 

12 

1,010 




3,446 

43 

Grand Tower & Cape Girardeau. 

28 



1 

5,170 

41 

Grand Tower & Carbondale. 

26 

2,374 


. 

8 

2,459 

45 

Grand Trunk Junction. 

3 

4,745 

3 

4,745 

15 

4,06 

46 

Illinois Valley & Northern. 

58 

1,524 



7 

4,514 

47 

Indianapolis," Decatur & Western. 

75 

4,014 



8 

38 

48 

Indiana" Illinois & Iowa... 

68 

5,057 



10 

4,895 

49 

Indiana & Illinois Southern. 

56 



1 

3,300 

50 

Iowa Central.. 

88 

3,487 



14 

1,572 

51 

Jacksonville, Louisville & St. Louis. 

112 

1,621 



6 

1,554 

52 

Joliet & Blue Island. 


.| 



53 

Junction. 

6 

3,757 

6 

3,757 


1.051 

54 

Kankakee & Southwestern. 

131 

83 


12 

3.369 

55 

Lake Erie & Western. 

118 

3,168 



17 

3,510 

56 

Lake Shore & Michigan Southern. 

7 

2,963 

7 

2,963 

60 

3,093 

57 

Litchfield, Carrollton & Western. 

51 

3.484 



J 

2,994 

58 

Liverpool Coal. 

1 

4.378 




4,798 

59 

Louisville, Evansville & St. Louis Consolidated 

143 

1,652 



24 

3.319 

60 

Louisville, & Nashville. 

179 

3,508 



31 

4,875 

61 

Louisville, New Albany & Chicago. 





62 

Louisville & St. Louis."..".. 

16 

2,467 

' 1 



4.030 

63 

Michigan Central. 

34 

4,655 



15 

5.136 

64 

Mobile & Ohio. 

160 

3,001 



43 

1 70 

65 

Mound City. 

2 

4,520 




290 

66 

New York," Chicago & St. Louis. 

9 

5,101 



18 

459 

67 

Northern IllinoisT. 

74 

809 



18 

2 765 

68 

Ohio & Mississippi. 

375 

2,786 



64 

1 196 

69 

Pawnee.. 

4 

580 




1 000 

70 

Peoria, Decatur & Evansville. 

195 

2,983 



25 

2889 

71 

Peoria & Pekin Union. .. 

18 

1,258 

2 

374 

34 

1.436 

72 

Pittsburgh, Cincinnati, Chicago & St. Louis.. 

27 

5,230 

11 

3,885 

34 

583 

73 

Pittsburgh, Ft. Wavne & Chicago. 

13 

5,125 

13 

3,283 

48 

2.747 

74 

Quincy, Omaha & Kansas City. 






5 204 

75 

Iiantoul.". 

66 

1,095 



5 

2 993 

76 

R >ck Island & Peoria. 

112 

2,521 



13 

1 705 

77 

St. Louis, Alton & Springfield. 

84 

'647 



5 

2721 

78 

St. Louis', Alton & Terre"Haute. 

86 

4,140 



16 

5 078 

79 

St. Louis & Chicago. 

50 

3,289 



3 

10 

80 

St. Louis & Eastern.. 

1 




700 

81 

St. Louis, Rock Island & Chicago. 

280 

245 



55 

2 611 

82 

St. Louis So'uthern.~. 

46 

5.236 



7 

4 950 

83 

South Chicago. 

4 

4,016 

4 

2,740 

3 

1,589 

81 

South Chicago & Southern. 

10 

863 



1 

5 038 

85 

Sycamore &fCortland. 

4 

3,366 




4004 

86 

Terminal R. R. of East St. Louis. 

1 

500 



10 

4 480 

87 

Terre Haute & Indianapolis. 

1 9 

682 



45 

3 116 

88 

Terre Haute & Peoria *. 

143 

1,121 



11 

454 

89 

Toledo, Peoria & Western... 

230 

18 



33 

14 

90 

Toledo. St. Louis & Kansas City. 

179 

2,586 



24 

2 706 

91 

Union Stock Yard & Transit Co. 

16 

4.129 



79 

2982 

92 

Wabash, Chester & Western. 

40 

4.382 



4 

2 105 

93 

Wisconsin Central. 

45 

3.974 



10 

1 l(-o 

94 

Wabash. 

674 

4,145 



167 

‘- 474 . 


Totals. 

9.351 

-1.347 

864 

927 

2.8021 

2,335 




































































































































































































































XX111 


TABLE SHOWING MILEAGE AND ACREAGE OF RAILROADS OPERATED 

IN COOK COUNTY, ILLINOIS. 

Compiled from the verified returns to the State Board of Equilization, for the year 1891. 


6 

£ 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 


NAME OF ROAD. 


Baltimore & Ohio & Chicago. 

Belt Railway Co. of Chicago. 

Calumet River. 

Chicago & Alton. 

Chicago, Burlington & Quincy. 

Chicago & Calumet Terminal. 

Chicago & Eastern Illinois. 

Chicago & Grand Trunk. 

Chicago & Illinois Southern. 

Chicago & Indiana State Line... 

Chicago, Madison & Northern. 

Chicago, Milwaukee & St. Paul. 

Chicago & Northern Pacific. 

Chicago & Northwestern. 

Chicago, Rock Island & Pacific. 

Chicago, Santa Fe & California. 

Chicago, St. Paul & Kansas City. 

Chicago & South Side Rapid Transit. 

Chicago Union Transfer. 

Chicago & Western Indiana. 

Elgin, Joliet & Eastern. 

Englewood Connecting. 

Grand Trunk Junction. 

Junction. 

Lake Shore & Michigan Southern. 

Michigan Central. 

Same, (Jol. & N. Ind.). 

New York, Chicago & St. Louis. 

Pittsburgh, Cincinnati, Chicago & St. Louis — 
Pittsburgh, Ft. Wayne & Chicago. 

Union Stock Yard & Transit Company. 

Wisconsin Central. 

Wabash. 


Main 

Track. 

Miles 

Feet 

5 

4,821 

20 

3,125 

4 

2,312 

24 

3,850 

15 

468 

24 

5,233 

11 

4,539 

21 

5,209 


2,200 

6 

524 

12 

194 

57 

1,971 

18 

361 

68 

5,066 

31 

4,859 

17 

4,956 

5 

3,021 

2 

159 

12 

5,164 

27 

1,602 

26 

3,036 

2 

1,858 

3 

4,745 

6 

3,757 

7 

2,963 

6 

1,555 

13 

3,172 

9 

5,101 

27 

5,230 

13 

5,125 

4 

4,016 

10 

863 

16 

4,129 

20 

1,495 

21 

1,014 

582 

2,093 


Second 

Main 

Track. 

Side 

Track. 

Miles 

Feet 

Miles 

Feet 

5 

10 

4,548 

2,808 

19 

38 

4,976 

1,687 

24 

15 

1,393 

468 

24 

106 

7 

21 

10 

4,522 

3,379 

1,106 

3,942 

4,038 

500 

2,200 

3.688 

1,420 

1,670 

4,997 

4,161 

3,922 

4,819 

11 

11 

4,615 

263 



1 



27 

14 

54 

25 

4,597 

3,848 

1,564 

4,877 

81 

35 

143 

78 

44 






19 

20 

698 

3,053 

53 

5 

110 

4,466 

652 

4,121 

4,063 

1,051 

3,093 

2,223 

4,554 

459 

583 

2,747 

1,589 

5,038 

2,982 

114 

2,111 



3 

6 

7 

4,745 

3,757 

2,963 

15 

60 

10 

1 

18 

34 

48 

3 

1 

79 

3 

8 





11 3,885 
13 3,283 
4 2,740 

. i.. 

'1 


. 



289 

1.305 

962 

1,223 


Right 

of 

Way. 


Acres. 


92.61 

297.39 

41.44 
241.05 
415.24 
228.23 
186.81 
275.83 

1.00 

15.64 

168.00 

485.58 
367.52 

1,085.72 

620.00 

504.07 

56.17 

30.00 

1,210.58 

466.59 
346.00 

19.26 

131.37 

74.45 


157.00 

172.25 

125.64 
273.89 
168.91 

10.55 

111.53 

183.64 
215.69 
194.05 


8,973.75 











































































































■ 

* 































































































































































» 




RVATION 


AVC] 


iSeHill 




VINO' PARK 


GRACELAND 


Exten sion 

2 ° [ 21 x 

Oi der Jbv XYt 


Election/ of J 


BEAMS KTl 


Avonuaif 


wwoo 


fuller 


NORTH 


Ilaniu' XIII 




in Metric 


ciHir a ! 


» CHICAOO'1INO«Th!^N 


"Vv 


— UNION 
STOCKYARDS 




:Wood 

Washingtoj 


Lyime 




/ BELT 


Grand 


Chelti 


A—.sir*-. 




5l 


./o« rH 


1 (22*0 


EWISH 

32 


X I LK S ** EVANSTON 

CALuLWELL I / I —T 

i 

9 


Showing Changes in the Municipal Limits 


OF THE 


CITY of CHICAGO 

From its Incorporation in the Year 1835 
to the Year 1892. 


V T <? 
> 

ir -■ 

— 

^ __ 



1 

V- 


\ 

AY 

r\ 

5 \ 


r 

/ 11 

' 1 

i 

i 

_L 

. 

£ 

3 d 


Al- 

A A. 

-_A„. 

— 



•^TABLEJ^ 

Showing Growth in Area and Population of 
Chicago from 1835 to 1892. 


YEAR 

AREA, SQ. MILES 

POPULATION 

1835 

2.55’ 

3,265 

1840 

10.70 

4,479 

1850 

14.03 

29,963 

1860 

17.93 

109,206 

1870 

35.79 

306,605 

1880 

35.79 

491,516 

1890 

180.20 

1,098,576 

1892 

182 

1,225,000 (Estimated) 


CHICAGO & NORTHWESTERN RY. STA. 

ILLINOIS 4. MICHIGAN CENT. R. R’S. STA. 

ONION 8TA. 

POST OFFICE 

GRAND CENT. PASS. STATION 

CHICAGO A NORTHERN PACIFIC R. R. 

WISCONSIN CENTRAL LINES 
(Northern Pacific R. R. Co. Lasse) 

CHICAGO A CALUMET TERMINAL RV. 

CHICAGO, ST. PAUL A KANSAS OITY RY. 

BALTIMORE A OHIO R. R. 

BOARD OF TRADE 

CHICAGO. ROCK ISLAND A PACIFIC A LAKE SHORE STA. 
WESTERN INDIANA TERMINAL STA. 


BOULEVARDS, tl\us:— 
PARKS, thus:— 

SANITARY DISTRICT, thus:— 


Designed by H. S. Boutell and Engraved by 
Globe Litho. & Print. Co. 

COPYRIGHT BY H. S. BOUTELL, 1892. 


RangeXT\ 

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Part I. 

CHARTERS. 





CHARTERS. 


CHARTER 

OF 

THE LASALLE AND CHICAGO RAILROAD COMPANY.* 


AN ACT to incorporate the LaSalle and Chicago Railroad Company. 

Section 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, that Kneeland T. Adams, E. 
Follett Bull, David L. Hough, John J. Page, Richard Cody, Levi 
Wertherim, Gabriel Ruger, Sedgewick Happ, John Hoxie, John A. 
Coy, Ay. M. Sweetland, G. N. Chittenden, J. Hager, J. R. Ash¬ 
ley, Horace M. Singer, E. D. Taylor, Wm. A. Bross, Yolney G. 
Hatch, S. B. Carter, John Rockwell and Willis M. Hitt, and their 
associates, heirs and assigns, be and they are hereby created a body 
politic and corporate, by the name of “ The LaSalle and Chicago 
Railroad Company”; and, by that name, shall have perpetual suc¬ 
cession, with full power to have and use a common seal, which 
they may alter, amend or renew at pleasure; and by that name, 
may sue and be sued, plead and be impleaded, in all courts and 
places; and, by that name, may purchase, hold, possess, enjoy, 
control, mortgage and convey, real or personal property. 

Sec. 2. The said company are hereby fully empowered to sur¬ 
vey, grade, build, open and construct a single or double track rail¬ 
road, with the appurtenances, and run such trains of cars and lo¬ 
comotives thereon as they may see proper, from the city of La 
Salle in LaSalle county, through, over and across the most eligible 
route to the city of Chicago, in the county of Cook, and shall have 


* By deed dated March 11, 1890, all the railway property, corporate rights and 
franchises of this company were conveyed to the Chicago and Northern Pacific 
Railroad Company, except the right to be a corporation, which was expressly 
reserved. See deed Chicago and Great Western Railroad Company to Chicago and 
Northern Pacific Railroad Company, infra. 





CHARTERS. 


PART I. 


2 


LaSalle & Chicago R. R. Co. 

full power to do all that shall in their judgment he necessary to 
build, construct and operate a railroad, with the necessary cars, 
engines and running stock, between the points aforesaid. 

Sec. 3. The said company are hereby fully invested with all the 
rights, power and privileges that are conferred upon any railroad 
company or companies that have been heretofore organized in this 
state under any general or special law,* and shall have full power 


* This provision confers upon this Company, among other powers, the very im¬ 
portant power of acquiring, holding, leasing and conveying land in fee, whether 
acquired by condemnation or voluntary grant. This power was usually granted in 
express terms to railroad companies organized by special act of the Legislature of 
Illinois prior to the adoption of the present constitution. The Charter of the 
Ottawa, Oswego, and Fox River Valley Railroad Company contains the follow¬ 
ing provision: “ The right of way and the real estate purchased for the right of 
way by said Company, whether by mutual agreement or otherwise, or which 
shall become the property of the Company by the operation of law, as in this 
Act provided, shall, upon payment of the amount of money belonging to the 
owner or owners of said lands as compensation for the same, become the property 
of said Company in fee simple.” 

AN ACT to incorporate the Ottawa, Oswego and Fox River Valley Railroad 
Company, approved August 22, 1852. Private Laws of Illinois, 1852, page 56. 

The Charter of the Springfield and Pana Railway Company contains the fol¬ 
lowing provision: “ The right of way and real estate purchased for the right of 
way by the said Company, whether by mutual agreement or otherwise, or which 
shall become the property of said Company by operation of law, as in this Act 
provided, shall, upon the payment of the amount of money belonging to the owner 
or owners of said lands as compensation for the same, become the property of said 
Company in fee simple.” 

AN ACT to incorporate the Springfield and Pana Railway Company, approved 
February 17, 1857. Private Laws of Illinois, 1857, page 1,024. 

The amended Charter of this Company, approved February 22, 1861, contains 
the following provision: “ The said Railroad Company is hereby authorized to 
purchase, receive and hold such real estate as may be deemed necessary for the 
interests of said Company, and shall also be authorized to sell and convey by deed 
in fee simple any or all real estate belonging to or acquired by said Company which 
in the judgment of its Board of Directors is not needed for property 'of said 
Company.” 

The Charter of the Pekin, Lincoln and Decatur Railroad Company contains 
the following provision: “The Company shall be capable in law of taking, pur¬ 
chasing, leasing, selling and conveying estate and property, whether real or per¬ 
sonal or mixed as may be necessary for constructing and operating said road, and 
the right of way and the real estate purchased by said Company, whether by 
mutual agreement or otherwise, or which shall become the property of the Com¬ 
pany by operation of the law or otherwise, shall, upon the payment of the amount 
due to the owner or owners of said lands, become the property of the said Com¬ 
pany in fee simple.” 

AN ACT to incorporate the Pekin, Lincoln and Decatur Railroad Company, ap¬ 
proved February 21, 1861. Private Laws of Illinois 1861, page 518. 

See also the following Railroad Charters for grants of similar powers: 

Naples and Jacksonville Railroad Company, February 18, 1837. 

Carrollton, etc., Company, February 27, 1837. 





PART I. 


CHARTERS. 


3 


LaSalle & Chicago R.,E. Co. 

~~ — —-—-• 

to enter upon any lands over, through or upon which they may de¬ 
sire to build their proposed railroad, and to make all the neces¬ 
sary surveys; and in ease they are unable to agree with the owner 
or owners of any tract or tracts of land over, through or upon 
which they may desire to build their said road, they shall have the 
power and are hereby fully authorized to condemn the right of way 
for their said railroad in the same manner provided for in the act 
to provide for a general system of railroad incorporations, approved 
November 5, 1849, and the several acts amendatory thereof or sup¬ 
plementary thereto; but nothing herein contained shall be so con¬ 
strued as to interfere with or infringe upon the vested rights of 
any railroad heretofore chartered or organized in this state. 

Sec. 4. The said company shall be subject to any general law 
of this state that has been heretofore or shall be hereafter passed 
in relation to tariff for freights or rates of fare for passengers, and 
to all rules and regulations that have been or shall be hereafter 
imposed by the legislature of this state upon railroad companies. 

Sec. 5. The said company are hereby authorized to make con¬ 
nections with any of the railroads that now or shall hereafter run 


Liverpool, Canton and Knoxville Railroad Company, March i, 1837. 

Liberty and Pinckneyville Railroad Company, March 1, 1837. 

Jonesboro and Mississippi Railroad Company, March 3, 1837. 

Galena and Chicago Union Railroad Company, March 4, 1837. 

DesMoines Rapids Railroad Company, February 19, 1837. 

Warsaw Railroad Company, February 26, 1839. 

LaSalle and Dixon Railroad Company, February 27, 1841. 

Ohio and Mississippi Railroad Company, February 12, 1851. 

St. Charles and Geneva Railroad Company, April 16, 1863. 

Hannibal and Naples Railroad Company, February 12, 1863. 

Atlantic and Pacific Railroad Company, February 16, 1865. 

Chicago, Danville and Vincennes Railroad Company, February 16, 1865. 

Clayton and Rushville Railroad Company, February 16, 1865. 

Danville & Mattoon Railroad Company, February 16, 1865. 

Peoria and Wenona Railroad Company, February 25, 1867. 

St. Louis, Vandalia and Terre Haute Railroad Company, February 8, 1867. 

Pekin, Lincoln and Decatur Railroad Company, February 22, 1867. 

Jacksonville, North Western and South Eastern Railroad Company, February 23, 
1867. 

South Western Branch Railroad Company, February 23, 1867. 

Joliet and Aurora Railroad Company, February 23, 1867. 

Illinois Farmers Railroad Company, February 23, 1867. 

Mississippi River and Wisconsin State Line Railroad Company, February 23, 
1867. 

Chicago and Illinois River Railroad Company, February 23, 1867. 

Danville, Urbana, Bloomington and Pekin Railroad Company, February 23, 1867. 








4 


CHARTERS. 


PART I. 


LaSalle & Chicago R. R. Co. 


into said city of Chicago, and are also authorized to extend their 
road in a south-westerly direction and connect the same with any 
railroad or railroads runnins’ to St. Louis. 

O 

Sec. (3. The capital stock of said company shall be three millions 
of dollars, which may be increased,* from time to time, at the pleas¬ 
ure of said company and such sum as shall in their judgment be 
necessary to carry into effect the rights, privileges and franchises 
hereby conferred, and the same shall be divided into shares of one 
hundred dollars each, the holder of each share being entitled to one 
vote at all elections and meetings of the stockholders for each share 
of stock held by him or her, which may be cast either in person or 
by proxy, under such regulations as may lie prescribed by the di¬ 
rectors. 

Sec. 7. The affairs of said company shall be managed by a board 
of directors, consisting of not less than seven nor more than fifteen. 


to be chosen annually by the stockholders from persons holding 
stock in said company. The number of said directors may be fixed 
within the limits above prescribed, by the stockholders, from time 
to time. Said directors shall choose one of their number as presi¬ 
dent ; may prescribe his duties; and shall appoint such other offi¬ 
cers and agents, from time to time, fixing their duties, as in their 
judgment shall be necessary, and shall make all necessary rules and 
regulations and by-laws for the transaction of the business of said 
company and subject to any general law of this state; shall fix the 
tariff* and rate of fare for carrying or transporting freight or pas¬ 
sengers over their said road. 


Sec. 8. Said company are hereby fully authorized to borrow 
such sum or sums of money as they may need, from time to time, 
not exceeding the amount of their capital stock,! and may issue their 
bonds, with or without coupons, bearing a rate of interest not ex- 


* The capital stock was increased to eight million dollars, but no certificate of 
such increase was filed in the office of the Secretary of State, or with the Recorder 
of Cook County, as the law relating to such certificates applies only to railroads 
organized under the General Law. 

f Two mortgages for eight million dollars each were made by this Company. 
See Mortgages, infra. 






l’ART I. 


CHARTERS. 


5 


LaSalle & Chicago R. R. Co. 

ceeding ten per cent., payable annually or semi-annually, pledging 
the revenues, real and personal property, rights, privileges and 
franchises of the company, for the payment thereof; which bonds 
may be sold upon the market for such sum as they will bring, or 
said company, in order to secure the re-payment of any sum or sums 
of money borrowed by them, may mortgage their real and personal 
property, rights, privileges and franchises. 

Sec. 9. Any county, city, town or village along or adjacent to 
the line upon which said road may be built may subscribe to the 
capital stock of said company such sums as they may see lit, not 
exceeding for either of such counties, cities, towns or villages, the 
sum of one hundred thousand dollars—such subscription to be 
made in the same manner now provided by the general law of this 
state in relation to railroad incorporations and the acts amendatory 
thereof or supplementary thereto; and, in case any such subscrip¬ 
tion shall be taken by towns, in counties that have adopted the 
township organization, the bonds of such town shall be executed 
and issued on behalf of the towns by the supervisor thereof—in 
counties not adopting the township organization, by the county 
commissioners; and for counties and cities the bonds shall be ex¬ 
ecuted and issued by the same persons provided for in the general 
law in relation to railroad incorporations and the acts supplement¬ 
ary and amendatory thereof; and for villages such bonds shall be 
executed by the president of the board of trustees. 

Sec. 10. Kneeland T. Adams, E. Follett Bull, David L. Hough, 
John Rockwell, Willis M. Hitt, John J. Page, Gabriel Ruger, J. 
R. Ashley, G. N. Chittenden, H. M. Ginger, W. A. Bross, E. D. 
Taylor and Levi Wertherin shall constitute the board of directors 
for said company for the first year; and they shall continue in of¬ 
fice until their successors shall be elected by the corporators herein 
named, their heirs, successors, associates or assigns; and any five 
of the above named directors may proceed to organize said com¬ 
pany and open books for subscription to the stock thereof at such 
times and places as they may elect. 

Sec. 11 . This act shall be taken and deemed a public act, shall 








6 



PART I. 


Chicago & Great Western R. R. Co. 


be liberally construed in all courts and places, and shall be in force 
and effect from and after its passage. 

Approved February 28, 1867. 


Certificate of change of name 


of 


The LaSalle and Chicago Railroad Company to the Chicago 


and Great Western Railroad Company. 


To all whom it may concern: 

I, E. Follett Bull, President of “ The LaSalle and Chicago 
Railroad Company,” the name whereof is voted to be changed to 
“ The Chicago and Great Western Railroad Company,” do hereby 
certify that at a meeting of the stockholders of said company, held 
on the twelfth day of December, A. D. 1872, at the office of the 
company, in the city of Chicago, Illinois, the following resolution 
was unanimously adopted: 

“ Resolved , That the corporate name of this company be changed 
from the present name of ‘ The LaSalle and Chicago Railroad 
Company ’ to that of ‘ The Chicago and Great Western Railroad 
Company,’ by which last mentioned name this corporation shall be 
hereafter known and called.” 

That at the time of the passage of said resolution the capital 
stock subscribed for in this corporation was eight (8) shares, all of 
which were represented in said meeting, and were voted in favor 
of said proposition, and that more than two thirds of all the votes 
represented by the whole stock of said corporation voted in favor 
of said proposition. 

In witness whereof, I hereunto affix my name and the seal of 
said corporation at Ottawa, this eighteenth day of January, A. D. 


1873. 


[Corporate Seal.] 


E. Follett Bull, 

President . 




PART I. 


CHARTERS. 


7 


Chicago & Great Western R. R. Co. 


State of Illinois, ) 

7 V ss 

County of LaSalle, j 

Before me, Alfred W. Cavarly, a notary public for the City of 
Ottawa, in said County, this day personally appeared E. Follett 
Bull, whose name is subscribed to the foregoing certificate, and be¬ 
ing by me duly sworn, made oath in due form of law that the mat¬ 
ters and things stated and contained in said certificate are true in 
substance and in fact, as appears by the records of said company. 

In witness whereof, I hereunto set my hand and notarial seal 
this eighteenth day of January, A. D. 1873. 

Alfred W. Cayarly, 

[notarial seal.] Notary Public. 

Recorded in the office of the Secretary of State of Illinois, Janu¬ 
ary 21, 1873. 

Recorded in the office of the Recorder of Cook County, Illinois, 
January 21, 1873. 


Affidavit 

of 

Publication of notice of change of name of LaSalle and Chi¬ 
cago Railroad Company.* 

Henry S. Boutell, being duly sworn, deposes and says that he 
has this day examined a file of the Chicago Evening Post for the 
year 1873, now owned and in the possession of the Daily 
News Company of Chicago, and that it appears from said file that 
the following notice was published in said Chicago Evening Post 
daily from the 27tli day of January, 1873, to the 25th day of Feb¬ 
ruary, 1873, both inclusive. 


* No certificate of publication of this notice was recorded, but its publication 
could be proven by the file referred to. I know of no other file of the old Chicago 
Evening Post accessible. tl. 8. B. 






8 


CHARTERS. 


PART I. 


Chicago & Great Western R. R. Co. 


“Stockholders’ Meeting—Change of Name. 

Public notice is hereby given that at a special meeting of the 
stockholders of the “LaSalle and Chicago Railroad Company” 
duly called and held at the office of said Company in the City of 
Chicago, Illinois, on the 12th day of December, A. D. 1872, the 
following resolution was adopted, more than two-thirds of all the 
votes represented by the whole stock of said corporation being 
present and voting in favor thereof: 

“ Resolved , That the corporate name of this company be changed 
from the present name of the 4 La Salle and Chicago Railroad 
Company ’ to that of 4 The Chicago and Great Western Railroad 
Company,’ by which last mentioned name this corporation shall 
hereafter be known and called; that the President cause to be filed 
in the offices of the Secretary of State and of the Recorder of Deeds 
of Cook County the certificates required by law for carrying into 
effect said change of name and also cause notice of such change to 
be published in the Chicago Evening Post, a newspaper printed 
and published in the City of Chicago, as required by law.” 

In Witness Whereof, the President and Secretary of said Company 
have hereunto signed their names and affixed the seal of said cor¬ 
poration at Chicago this twelfth day of December, A. D. 1872. 

E. Follett Bull, 

President. 

Wm. H. Park, 

[seal.] Secretary. 

Office of said Company removed to Room 1, Honore Block.” 

Dated at Chicago this 14th day of January, A. D. 1892. 

Henry S. Boutell. 

Subscribed and sworn to before me this 14th day of January, A. 

D. 1892. 

Kemper K. Knapp, 

Notary Public. 


[notarial seal.] 




PART I. 


CHARTERS. 


8 a 


Chicago & Great Western R. R. Co. 


Resolution 

OF 

The Stockholders of the Chicago and Great Western 
Railroad Company approving and ratifying 

PROCEEDINGS FOR CHANGE OF NAME. 

Certificate of change of the corporate name of The LaSalle and 
Chicago Railroad Company to The Chicago and Great Western 
Railroad Company. 

I, Otis R. Glover, Secretary of The Chicago and Great West¬ 
ern Railroad Company, do hereby certify that at a meeting of the 
stockholders of said company, held on the 30th day of April, A. 
D. 1885, at which all the stockholders were present, the following 
among other proceedings were had: 

The following resolution was offered by Mr. M . \\ . Augur: 
Whereas, at a meeting of the stockholders of this Company 
held December 12th, 1872, at which all of the then stockholders 
were present, it was unanimously resolved that the corporate name 
of the Company be changed from the LaSalle and Chicago Rail¬ 
road Company to The Chicago and Great Western Railroad Com¬ 
pany, Therefore, 

-Resolved, That the action of such stockholders in so changing 
the corporate name of the Company, as afoiesaid, be, and the same 
is hereby in all things, ratified, affirmed, and approved, and that 
the corporate name of this Company be, and the same is, changed 
from The LaSalle and Chicago Railroad Company, to The Chicago 

and Great Western Railroad Company. 

The resolution was seconded by Mr. A. AY . Cobb and upon be¬ 
ing put to vote it was unanimously adopted by the vote of the 

stockholders of the Company. 

Witness my hand and the corporate seal of said Company this 
30th day of April, A. D. 1885. 

[SEAL.] ' ° TIS R - (iL ° VFJ! ’ 

Secretary of The Chicago and Great Western Railroad Company. 





CHARTERS. 


PART I. 


86 


Chicago & Great Western R. R. Co. 


State of Illinois, 
Cook County. 


ss. 


John R. Benslev, being duly sworn, says that he is the President 
of The Chicago and Great Western Railroad Company, and that 
the above and foregoing is a true and correct copy of a certain res¬ 
olution adopted by the unanimous vote of all the stockholders of 
said Company at a meeting held on the 30th day of April, A. I). 
1885. 

John R. Bensley. 


Subscribed and sworn to before me this 30th day of April, A. 
D. 1885. 

[seal.] AV. AA'. Augur, 

Notary Public. 

Filed in the office of the Secretary of State of Illinois, May 2d, 
1885. 

Filed in the office of the Recorder of La Salle County, Illinois, 

Mav 2d, 1885. 

%/ 






l-AUT I. 


CHARTERS. 


9 


CHARTER 

OF THE 

CHICAGO AND WESTERN DUMMY RAILWAY COMPANY.* 

State of Illinois, ) 

Department of State, j 

i 

George H. Harlow , Secretary of State. 

To all to whom these presents shall come Greeting : 

M hereas, a statement duly signed and acknowledged having* 
been hied in the Office of the Secretary of State on the 24th day 
of May, A. D. IN79, for the organization of the Chicago and 
T\ estern Dummy Railway Company, under and in accordance with 
the provisions of “An Act concerning corporations” approved 
April 18, 1872, and in force July 1, 1872, a copy of which state¬ 
ment is hereto ^attached. 

And 'Whereas, a license having been issued to C. R. Vander- 
cook, Edward J. Whitehead, George L. Meyers, as Commissioners, 
to open books for subscription to the capital stock of the said Com- 
pany. 

And Whereas, the said Commissioners having on the 3d day of 
July, A. D. 1879, hied in the Office of the Secretary of State a 
report of their proceedings under the said license, a copy of which 
report is hereto attached. 

Now, Therefore, I, George II. Harlow, Secretary of State of the 
State of Illinois, by virtue of the powers and duties vested in me 
by law, do hereby certify that the said Chicago and Western 
Dummy Railway Company is a legally organized corporation under 
the laws of this State. 

In Testimony whereof, I hereto set my hand and cause to be 
affixed the Great Seal of State. 

Done at the City of Springfield this 3rd day of July, in the year 

* All the property and franchises of this Company were sold under a foreclosure 
of its mortgage to Frederick W. Belz, and were conveyed by Belz to the Chicago, 
Harlem and Batavia Railway Company. Deed from Master in Chancery to Belz 
recorded November 19, 1885, and deed from Belz to Chicago, Harlem and Batavia 
Railway Company recorded March 25, 188G. 










10 


CHARTERS. 


PART I. 


Chicago & Western Dummy Ry. Co. 

of our Lord, One thousand, eight hundred and seventy-nine, and 
of the Independence of the United States the One Hundred and 
Third. 

Geo. H. Harlow, 

Secretary of State. 


Seal of the 
State of Illinois. 
Aug. 26th, 1818. 


State of Illinois, ) 

Cook County. j Sh * 

To George H. Harlow , Secretary of State: 

We, the undersigned, Charles R. Vandercook, Edward J. White- 
head and George L. Meyers, of said county, propose to form a cor¬ 
poration under an act of the General Assembly of the State of Il¬ 
linois, entitled “ An Act Concerning Corporations,” approved 
April 18, 1872, and all acts amendatory thereof, and that the pur¬ 
poses of such organization Ave hereby state as follows, to wit: 

1. The name of such corporation is the Chicago and Western 
Dummy Railway Company. 

2. The object for Avhich it is formed is to construct, maintain 
and operate a dummy railway from a point within or near the City 
of Chicago, in said County, westward so as to connect with and run 
near to the Villages of Austin, Oak Park & May\vood, and such 
other western villages as may be deemed desirable. 

3. The Capital stock shall be Thirty Thousand (30,000^). 

4. The amount of each share is One Hundred dollars ($100^). 

5. The number of shares, Three Hundred (300). 

6. The location of the principal office is in City of Chicago, in 
the County of Cook, State of Illinois. 

7. The duration of the corporation shall be tAventy (20) years. 

C. R. Vandercook, 

Edward J. Whitehead, 
George L. Meyers. 





PART I. 


CHARTERS. 


11 


Chicago & Western Dummy Ry. Co. 

State of Illinois, ) 

County of Cook, j ss * 

I, V . A. I helps, a Notary Public in and for the said County 
and State aforesaid, do hereby certify that on this 21st day of May, 
A. D. 1879, personally appeared before me Charles R. Vander- 
cook, Edward J. \\ hitehead and George L. Meyers, who are to me 
personally known to be the same persons who executed the fore¬ 
going statement, and severally acknowledged that they executed 
the same for the purposes therein set forth. 

In witness whereof, I have hereunto set my hand and Notarial 
seal the day and year above written, 

seal. I w - H - IWps, 

Notary Public. 

To Hon. Georg & II. Harlow, /Secretary of /State of the State of Illi- 
. nois: 

The Commissioners duly authorized to open books of subscrip¬ 
tion to the capital stock of the Chicago and Western Dummy Rail¬ 
way Company, pursuant to license heretofore issued, bearing date 
the 24th day of May, A. D. 1879, do hereby report that they 
opened books of subscription to the capital stock of said company 
and that the said stock was full subscribed, that the following- is a 
true copy of such subscription, viz: 

We, the undersigned, hereby severally subscribe for the number 
of shares set opposite our respective names to the capital stock of 
the Chicago and Western Dummy Railway Company, and we sev¬ 
erally agree to pay the said company on each share, the sum of 
One Hundred Dollars as the same shall be called for by the Board 
of Directors for said Company. 


NAMES. 

SHARES. 

AMOUNT. 

E. J. Whitehead,. 

One. 

$ 100.00 

H. R. Vandercook. 

One. 

$ 100.00 

C. E. Crafts. 

One. 

$ 100.00 

Geo. L. Meyers. 

One. 

100.00 

C. R. Vandercook. 

296. 

29,600.00 
























12 


CHARTERS. 


PART L 


Chicago & Western Dummy Ry. Co. 

That on the 2d day of July, A. D. 1879, at the office of Har¬ 
rison & Whitehead, Room 15, No. 193 Clark Street, in the City of 
Chicago, in Cook County, Illinois, at the hour of 4 o’clock P. M., 
they convened a meeting of the subscribers aforesaid, pursuant to 
notice required by law, which said notice Avas deposited in the post- 
office, properly addressed to each subscriber, ten days before the 
time fixed therein, a copy of Avhich said notice is as follows, 
to wit: 

Chicago, June 21st, 1879. 

“ To (Here the names of the subscribers A\ r as inserted): 

You are hereby notified that the capital stock of the Chi¬ 
cago and Western Dummy Railway Company has been fully sub¬ 
scribed, and that a meeting of the subscribers of such stock will be 
held at the office of Harrison & Whitehead, Rooml5, No. 193 Clark 
Street, in the City of Chicago, Illinois, on Wednesday, the 2d day 
of July, A. D. 1879, at 4 o’clock, p. m., for the purpose of elect¬ 
ing a Board of Directors for said Company, and for the transaction 
of such other business as may be deemed necessary. 

C. R. Vandercook, ) 

E. J. Whitehead, V Commissioners. 

Geo. L. Meyers, ) 

That said subscribers met at the time and place in said notice 
specified and proceeded to elect Directors, and that the following 
persons Avere duly elected for the term of one year, as folloAvs: 

C. R. Vandercook, 

Geo. L. Meyers, 

C. E. Crafts, 

H. R. Vandercook, 

E. J. Whitehead. 

Signed, C. R. Vandercook, ) 

E. J. Whitehead, v Commissioners. 

Geo. L. Meyers. ) 




PART I. 


CHARTERS. 


13 


Chicago & Western Dummy Ry. Co. 


State of Illinois, 1 
County of Cook, j ss 


On this 2d day of July, A. D. 1879, personally appeared before 
me A. B. Harrison, a Rotary Public in and for said County in said 
State, C. R. \ andercook, E. J. TV hitehead and Geo. L. Meyers, and 
made oath that the foregoing report by them subscribed is true in 
substance and in fact. N. B. Harrison, 

[seal.] Notary Public. 

Filed in the office of the Recorder of Cook County, Illinois, July 
8th, 1879.* 


Certificate 

of 

Increase of tipe capital stock of the Chicago and Western 

Dummy Railway Company. 

State of Illinois, ) 

Cook County, f 

This is to certify that at a special meeting of the Stockholders of 
the Chicago and Western Dummy Railway Company held on the 
31st day of August, A. D. 1882, and duly called by the notices be¬ 
ing mailed and published as required by law, there were present 
stockholders representing 299 shares of stock of said Company, it 
was unanimously voted that the capital stock of said Company be 
increased Thirty thousand dollars, making the total capital stock 
of said Company Sixty Thousand dollars, all of which appears by 
the records of said Company. C. R. Vandercook, 

President C. & 

W. D. R. W. Co. 

Attest: 

E. J. Whitehead, 
Secty. C. £ W. B. R. W. Co. 


Chicago & Western 
Dummy Railway 
Company Seal. 


* The incorporation papers of the Chicago and Western Dummy Railway Com¬ 
pany were not tiled in the office of the Secretary of State. 











14 


CHARTERS. 


PART I. 


Chicago & Western Dummy Ry. Co. 

Charles R. Vandercook, being first duly sworn, on oath says 
that he is the President of the Chicago & Western Dummy Rail¬ 
way Company, and that the matters and things set forth in the 
foregoing certificate by him signed as such President are true in 
substance & fact. 

C. R. Vandercook. 

Subscribed & sworn to before me this 10th day of November, 
1882. 

E. J. Whitehead, 
Notary Public. 


Filed in the office of the Recorder of Cook County, Illinois, 
November, 10th, 1882. 

Filed in the office of the Secretary of State of Illinois, Novem¬ 
ber 11th, 1882. 


E. J. Whitehead, 
Notarial Seal, 

A tty. at Law, 
Chicago, Cook Co., Ill. 





PART I. 


CHARTERS. 


15 


CHARTER 

OF 

THE CHICAGO, HARLEM AND BATAVIA RAILWAY 

COMPANY.* 


ARTICLES OF INCORPORATION 
of the 

CHICAGO, HARLEM AND BATAVIA RAILWAY COMPANY. 

First. The name of this corporation shall he “ The Chicago, 
Harlem and Batavia Railway Company.” 

Second. It is proposed to construct the said railway from a 
point near or within the City of Chicago by the way of Oak Park, 
Harlem and Maywood in the County of Cook and State of Illinois 
to the Village of Batavia in the County of Kane in said State. 

Third. The principal business office of this corporation shall be 
established and lhaintained at Chicago, Cook County, State of Illi¬ 
nois. 

Fourth. The time of the commencement of this corporation 
shall be the first day of January, 1886, and continue in force for 
fifty (50) years. 

Fifth. The amount of the Capital Stock of this Corporation shall 
be One Hundred Thousand ($100,000--) dollars. 

Sixth. The names and places of residence of the several per¬ 
sons forming this Corporation are. 

NAMES. RESIDENCE. 

Andrew C. Lausten, Chicago, Illinois. 

John Grosse, 44 44 

Otto Sclieunemail, 4 4 4 4 

Frederick W. Belz, 4 4 4 4 

Charles Seegers, 4 4 4 4 

Frederick Herhold, 4 4 4 4 

Franz Schack, 4 4 4 4 

* Bv deed dated March 11, 1890, all the railway property, corporate rights and 
franchises of this Company were conveyed to the Chicago and Northern Pacific 
Railroad Company, except the franchise to be a corporation, which was expressly 
reserved. See deed Chicago, Harlem and Batavia Railway Company to Chicago 
and Northern Pacific Railroad Company, infra. 






16 


CHARTERS. 


PART I. 


Chicago, Harlem & Batavia Ry. Co. 

Seventh. The names of the first Board of Directors are: An¬ 
drew C. Lausten, John Grosse, Otto Scheuneman, Frederick W. 
Belz, Charles Seegers, Franz Schack and Frederick Herhold. And 
the government of this Corporation shall be vested in Andrew C. 
Lausten, John Grosse, Otto Scheuneman, Frederick W. Belz, 
Charles Seegers, Franz Schack, and Frederick Herhold as the first 
Board of Directors and in their successors to be elected by the stock¬ 
holders of said Company in accordance with the by-laws thereof. 

Eighth. The Capital Stock of this Corporation shall be divided 
into One Thousand Shares of the value of One Hundred ($100221) 
Dollars each. 

In witness whereof, we have hereunto severally subscribed our 
names this Tenth day of December, A. D. 1885. 

Andrew C. Lausten. 

John Grosse. 

Otto Scheuneman. 

Fredk. W. Belz. 

Charles Seegers. 

Franz Schack. 

Frederick Herhold. 

Recorded in the office of the Secretary of State of Illinois, De¬ 
cember 21, 1885. 

Recorded in the office of the Recorder of Cook County, Illinois, 
January 5, 1886. 

Recorded in the office of the Recorder of Du Page County, Illi¬ 
nois, February 9, 1886. 

Recorded in the office of the Recorder of Kane County, Illinois, 
February 11, 1886. 


I 




PART I. 


CHARTERS. 


17 


CHARTER 

OF 

THE BRIDGEPORT AND SOUTH CHICAGO RAILROAD 

COMPANY.* 


Be it remembered that the undersigned do hereby organize 
themselves into a railway corporation under the provisions of 
chapter 114 of the Revised Statutes of Illinois, entitled, “ Railroads 
and Warehouses,” and for that purpose have adopted and do hereby 
adopt the following articles of incorporation: 

First. The name of the proposed corporation shall be The 
Bridgeport and South Chicago Railroad Company. 

Second. The proposed railway shall be constructed from some 
point or points of connection with the Chicago and Great Western 
Railroad, north of Rebecca Street and at or near Ashland Avenue 
in the west division of the City of Chicago; thence southerly or 
south-easterly to the State Line between the States of Illinois and 
Indiana, with a branch to be constructed from said main line of 
railway at or near its intersection with Twenty-second Street in the 
City of Chicago easterly to the South Branch of the Chicago River 
and with a branch to be constructed from said main line of railway 
at or near its intersection with Twenty-second Street in the City of 
Chicago, westerly and southerly to the west line of the County of 
Cook, State of Illinois. 

Third. The principal business office of the corporation shall be 
established in the city of Chicago, in the State of Illinois. 

Fourth. The existence of said corporation shall begin Avith the 
date hereof and continue for the period of Fifty (50) years there¬ 
after. 

Fifth. The amount of the capital stock of the corporation shall 
be Tavo Million Dollars. 


* By deed dated March 11, 1890, all the railway property, corporate rights and 
franchises of this Company were conveyed to the Chicago and Northern Pacific 
Railroad Company, except the right to be a corporation, which was expressly 
reserved. See deed Bridgeport and South Chicago Railroad Company to Chicago 
and Northern Pacific Railroad Company, infra. 






18 


CHARTERS. 


PART I. 


Bridgeport & South Chicago R. R. Co. 


11 

4 4 

4 4 

4 4 


Sixth. The names and places of residence of the several per¬ 
sons forming* the association for incorporation are as follows: 

Frank L. Hankev, Chicago. 

Frank P. Jndson, 

Edward L. Burghardt, 

Robert M. Orr, 

John Redpatli, 

Seventh. The names of the members of the first board of di¬ 
rectors are as follows: Frank L. Hankey, Frank P. Jndson, Ed¬ 
ward L. Burghardt, Robert M. Orr and John Redpatli, and the 
government of the proposed corporation and the management of 
its affairs shall be vested in its board of directors, with a president 
and such other subordinate officers as may be designated by the 
by-laws. 

Eighth. The number of shares of the capital stock of the cor¬ 
poration shall be twenty thousand of one hundred dollars ($100.00) 
each. 

In witness whereof, the parties hereto have signed the forego¬ 
ing articles of incorporation, this twenty-second day of March, A. 
D. 1887. 

Frank L. Hankey, 
Frank P. Judson, 

Edw. L. Burghardt, 
Robert M. Orr, 

John Redpatii. 


Recorded in the office of the Secretary of State of Illinois, 
March 23, 1887. 

Recorded in the office of the Recorder of Cook County, Illinois, 
* March 24, 1887. 






PART I. 


CHARTERS. 


19 


CHARTER 

OF 

CIHCAGO AND NORTHERN PACIFIC RAILROAD 

COMPANY. 


ARTICLES OF INCORPORATION. 

Be it remembered that the undersigned do hereby organize 
themselves into a railway corporation under the provisions of Chap¬ 
ter 114 of the Revised Statutes of Illinois, entitled “ Railroads 
and Warehouses,” and for that purpose have adopted, and do 
hereby adopt the following Articles of Incorporation: 

First. The name of the proposed corporation shall be Chicago 
and Northern Pacific Railroad Company. 

Second. The proposed railroad shall be constructed upon the 
following routes: 

1st. From the south-west corner of Harrison Street and Fifth 
Avenue, in the City of Chicago, Cook county, Illinois, westerly and 
south-westerly, through the City of La Salle, to the Mississippi 
River. 

2d. From a point in the vicinity of the intersection of Craw¬ 
ford Avenue and West Randolph Street, in the said City of Chicago, 
westerly to the Mississippi River. 

3d. From some convenient point on route Number Two, in the 
Town of Proviso, southerly and south-westerly to the City of East 
St. Louis. 

4th. From a point in the vicinity of the intersection of Craw¬ 
ford Avenue and West Randolph Street, in said City of Chicago, 
southerly to the southern limits of said Cook County; with a branch 
from said line easterly to Lake Michigan, and a branch westerly to 
the west limits of Cook County. 

5th. From some convenient point on route Number One, in the 
West Division of the City of Chicago, southerly to the Ohio River, 








20 


CHARTERS. 


PART I. 


Chicago & Northern Pacific R. R. Co. 


with branches from three convenient points in Cook County, east¬ 
erly to the eastern boundary of the State of Illinois. 

Gth. From some convenient point in Macon County, on route 
Number Three, southerly to the Ohio River. 

7th. From some convenient point on route Number One, in the 
Town of Cicero, southerly to the southern limits of Cook County. 

8th. From some convenient point on route Number One, be¬ 
tween CraAvford Avenue, in the City of Chicago, and the west limits 
of the Town of Cicero, south-westerly to the western limits of 
Cook County. 

Third. The principal business office of the corporation shall be 
established in the City of Chicago, in the State of Illinois. 

Fourth. The existence of said corporation shall begin with the 
date hereof, and continue for the period of fifty years thereafter. 

Fifth. The amount of the capital stock of said corporation 
shall be Thirty Millions of Dollars. 

Sixth. The names and places of residence of the several per¬ 
sons forming the association for incorporation are as follows: 


James L. High, 

Chicago. 

Alfred D. Edd\ r , 

Chicago. 

Chauncey AY. Martyn, 

Chicago. 

James E. Rogers, 

Chicago. 

David Eichberg, 

Chicago. 


Seventh. The names of the Members of the First Board of 
Directors are as folloAvs: James L. High, Alfred D. Eddy, Chauncey 
W. Martyn, James E. Rogers and David Eichberg, and the 
government of the proposed corporation and management of its 
affairs shall be vested in its Board of Directors, with a President 
and such subordinate officers as may be designated by the 
by-laws: 

Eighth. The number of shares of the capital stock of the cor¬ 
poration shall be Three Hundred Thousand of One Hundred Dollars 
each. 








PART I. 


CHARTERS. 


21 


Chicago & Northern Pacific R. R. Co. 

In witness whereof the parties have signed the foregoing Articles 
of Incorporation, this Twenty-second day of November, A. D. 
1889. 

James L. High. 

Alfred D. Eddy. 
Chauncey W. Marti n. 
James E. Rogers. 

David Eichberg. 

Recorded in the office of the Secretary of State of Illinois, No¬ 
vember 23, 1889. 

Recorded in the office of the Recorder of Cook County, Illinois, 
November 25, 1889. 




22 


CHARTERS. 


PART I. 


CHARTER 

OF 

THE CHICAGO CENTRAL RAILWAY COMPANY 


ARTICLES OF INCORPORATION 
of the 

CHICAGO CENTRAL RAILWAY COMPANY. 

First. The name of this corporation shall be “ The Chicago 
Central Railway Company.” 

Second. It is proposed to construct the said railway from the 
city of Chicago, in the county of Cook in the State of Illinois, to 
a point on the west boundary line of the State of Illinois at or 
near the south boundary line of the county of Adams, in said 
state, and also a line from the said city of Chicago to a point in 
the east boundary line of said state, at or near the south boundary 
line of the county of Iroquois, all within the State of Illinois. 

Third. The principal business office of this corporation shall be 
established and maintained at Chicago, Illinois. 

Fourth. The time of the commencement of this corporation 
shall be October 19, 1889, and continue in force for fifty years and 
for such further time as may be granted by renewal according to 
law. 

Fifth. The amount of the capital stock of this corporation 
shall be one million dollars ($1,000,000.00). 

Sixth. The names and places of residence of the several per¬ 
sons forming this corporation are: 


NAMES. 

Milton R. Wood, 
Charles W. Needham, 
Erwin E. Wood, 
William L. Moss, 
Edwin L. Waugh, 


RESIDENCE. 

Chicago, Illinois. 
Chicago, Illinois. 
Chicago, Illinois. 
Chicago, Illinois. 
Chicago, Illinois. 





PART I. 


CHARTERS. 


28 


Chicago Central Ity. Co. 

Seventh. The names of the first hoard of directors are: 

Milton R. Wood, 

Charles W. Needham, 

Erwin E. Wood, 

William L. Moss, 

Edwin L. Waugh. 

And the government of this corporation shall be vested in a 
board of five directors. 

Eighth. The capital stock of this corporation shall be divided 
into ten thousand shares of the value of one hundred dollars each. 

In witness whereof, we have hereunto severally subscribed our 
names, this 17th day of October, A. D. 1889. 

Milton R. Wood. 

Chas. W. Needham. 

Erwin E. Wood. 

William L. Moss. 

Edwin L. Waugh. 

Recorded in the office of the Secretary of State of Illinois, Oc¬ 
tober 18, 1889. 

Recorded in the office of the Recorder of Cook County, Illinois, 
October 23, 1889. 

Recorded in the office of the Recorder of Will County, Illinois, 
November 2, 1889. 

Recorded in the office of the Recorder of Kankakee County, Illi¬ 
nois, November 28, 1889. 







24 


CHARTERS. 


PART I. 


CHARTER 

OF 

THE CHICAGO AND SOUTHWESTERN RAILROAD 

COMPANY. 


ARTICLES OF INCORPORATION. 

Be it remembered that the undersigned do hereby organize 
themselves into a railway corporation under the provisions of 
Chapter 114 of the Revised Statutes of Illinois, entitled “ Railroads 
and Warehouses,” and for that purpose have adopted and do 
hereby adopt the following Articles of Incorporation : 

First. The name of the proposed corporation shall be The 
Chicago and Southwestern Railroad Company. 

Second. The proposed railway shall be constructed from the 
City of Chicago westerly or south-westerly to the Mississippi River, 
with two branches running northerly and southerly from said line 
to the north and south limits of Cook County, in the State of Illi¬ 
nois. 

Third. The principal business office of the corporation shall be 
established in the City of Chicago, in the State of Illinois. 

Fourth. The existence of said corporation shall begin with 
the date hereof and continue for the period of fifty (50) years 
thereafter. 

Fifth. The amount of the capital stock of the corporation shall 
be One million dollars. 

Sixth. The names and places of residence of the several per¬ 
sons forming the association for incorporation are as follows: 


Williard T. Block, 

Chicago. 

Charles H. Hoops, 


Henry P. Maun, 

4 4 

Walter W. Ross, 

4 4 

J. Ward Ellis, 

4 4 





PART I. 


CHARTERS. 


25 


Chicago & Southwestern R. R. Co. 

Seventh. The names of the members of the first Board of 

Directors are as follows: Williard T. Block, Charles H. Hoops, 

* 

Henry P. Maun, Walter W. Ross and J. Ward Ellis, and the gov¬ 
ernment of the proposed corporation and the management of its 
affairs shall be vested in its board of Directors, with a President 
and such other subordinate officers as may be designated by the by¬ 
laws. 

Eighth. The number of shares of the capital stock of the cor¬ 
poration shall be ten thousand of one hundred dollars each. 

In witness whereof, the parties hereto have signed the fore¬ 
going Articles of Incorporation this seventeenth day of July,A. D. 
1890. 

Williard T. Block. 
Charles H. Hoops. 
Henry P. Maun. 
Walter W. Ross 
J. Ward Ellis. 

Recorded in the office of the Secretary of State of Illinois, July 
18, 1890. 

Recorded in the office of the Recorder of Cook County, Illinois, 
July 19, 1890. 





CHARTERS. 


PART I 


26 


CHARTER 

OF 

CHICAGO AND CALUMET TERMINAL RAILWAY 

COMPANY. 


ARTICLES OF INCORPORATION 
of the 

CHICAGO AND CALUMET TERMINAL RAILWAY COMPANY. 

The undersigned hereby associate themselves together for the 
purpose of forming an incorporated company under the laws of the 
State of Illinois, to construct, own and operate the railroad here¬ 
after designated, and do adopt the following Articles of Incorpora¬ 
tion : 

First. The name of such proposed corporation shall be the 
Chicago & Calumet Terminal Railway Company. 

Second. The line of such railroad will begin at a point on 
Lake Michigan between 8od Street, Village of Hyde Park, and the 
Indiana State Line, thence South-Easterly to a point on the boundary 
line between the States of Illinois and Indiana, in the Town of 
Thornton, thence Westerly and Northerly to a point in the North- 
Eastern part of the Town of Bremen, in the vicinity of Blue Island, 
thence North-Westerly to a point in the North line of Cook County, 
in the Town of Northfield, or a point on Lake Michigan, North of 
Chicago, all such line of railroad being in Cook County, Illinois. 

Third. The principal business office of such corporation shall 
be established and maintained in the City of Chicago, Illinois. 

Fourth. The duration of such corporation shall continue for 
fifty years from the filing and recording of these articles. 

Fifth. The capital stock of such corporation shall be five mill¬ 
ion dollars, to be divided into fifty thousand shares of one hun¬ 
dred dollars each. 

Sixth. The names and places of residence of the several per¬ 
sons forming this corporation are: 




FA11T I. 


CHARTERS. 


27 


Chicago & Calumet Terminal Rv. Co. 

John W. Ulm, Chicago, Illinois. 

James S. Prentiss, Chicago, Illinois. 

John H. Avery, Chicago, Illinois. 

Edward T. Mason, Chicago, Illinois. 

Charles Jouvenat, Chicago, Illinois. 

Seventh. The government of this corporation and the conduct 
of its affairs shall he vested in a Board of Directors, to he com¬ 
posed of five persons, and the names of the first Board are: 

John W. Ulm. 

James S. Prentiss. 

John H. Avery. 

Edward T. Mason. 

Charles Jouvenat. 

Eighth. The capital stock of this corporation shall he divided 
into fifty thousand shares of the value of one hundred dollars each. 

In witness whereof, we have hereunto severally subscribed our 
names, this twenty-fourth day of June, A. D. 188(3. 

John W. Ulm, 

J. S. Prentiss, 

John H. Avery, 
Edward T. Mason, 
Charles Jouvenat. 

Recorded in the office of the Secretary of State of Illinois, July 
1st, 188(3. 

Recorded in the office of the Recorder of Cook County, Illinois, 
July 2d, 188(3. 




28 


CHARTERS. 


PART I. 


CHARTER 

OF 

THE CALUMET RIVER RAILWAY COMPANY. 


ARTICLES OF INCORPORATION 

of 

“ THE CALUMET RIVER RAILWAY COMPANY.” 

The undersigned, subscribers hereto, having heretofore sub¬ 
scribed fifty thousand dollars to the capital stock of the contem¬ 
plated Calumet River Railway Company, for the purpose of being 
formed into a corporation to lay out, construct, own, maintain, and 
operate such railway, do make, adopt and subscribe these 


Articles of Association. 

First. The name of such railway company shall be “ The Cal- 
umet River Railway Company.” 

Second. The amount of the capital stock of such company 
shall be five hundred thousand dollars, and shall consist of five 
thousand shares, of one hundred dollars each. 

Third. The number of directors to manage the affairs of said 
Company shall be five, and the names of the directors elected by 
the subscribers hereto for that purpose, are Joseph T. Torrence, 
William M. Wilson, Arthur N. Sullivan, Clias. G. Guenther and 
William A. Ball. 

Fourth. It is intended to construct said line of railway from a 

•J 

point on the state line between the States of Indiana and Illinois, 
between the North East corner of Section eight (8), in Township 
Thirty six (36), of Range fifteen (15), in the county of Cook, State 
of Illinois, and the point where the Grand Calumet River is inter¬ 
sected by said State line, south of said section corner, which shall 
be found upon survey and location to be the most accessible to 
make connections with and leads to and turn outs from the several 
lines of railway now constructed near that point; and run thence 
in an easterly direction through the North Side Addition to the 
town of Hammond, Indiana, and Section No. Twenty-five (25), 









PART I. 


CHARTERS. 


29 


Calumet River Ry. Co. 

Township Thirty-seven (37), of Range ten (10), and Section No. 
Thirty (30), Township Thirty-seven (37), of Range Nine (9), by the 
most practicable and feasible route, to Indiana City on Lake Michi¬ 
gan. And it is further intended to construct a line beginning at a 
point in said North Side Addition to said town of Hammond, and 
run thence by the most practicable and feasible route in a northerly 
direction, passing between Wolf lake or ‘ 4 Sheffield Bayand 
Lake George, to a point on Lake Michigan near and east of the 
outlet of Wolf Lake or Sheffield Bay where it empties into Lake 
Michigan, all to be so connected that engines, cars and trains may 
operate over the whole line. 

All of said proposed railway is to be constructed in the county 
of Lake, State of Indiana, and as near as can be stated, the length 
of said railway will be about Twenty Five miles. 

In witness whereof, the undersigned have hereunto subscribed 
their names, and stated their places of residence, and the number 
of shares taken by each in said Company, this the 27th day of 
August, A. D. 1886. 


NAMES OF SUBSCRIBERS. 

RESIDENCE. 

NO. OF SHARES. 

1. Joseph T. Torrence, 

Chicago, Ill., 

Five. 

2. Wm. Guthrie, 

Hammond, Ind., 

One. 

3. John H. Avery, 

Chicago, Ill., 

One. 

4. John W. Dake, 

Hammond, Ind., 

One. 

5. Thos. W. Johnston, 

Hyde Park, Ill., 

One. 

6. William H. Gostlin, 

Hammond, Ind., 

One. 

7. C. C. Smith, 

Hammond, Ind., 

One. 

8. A. G. Towle, 

Hammond, Ind., 

One. 

9. W. H. B. Menzies, 

44 

One. 

10. E. E. Towle, 

a 

One. 

11. E. D. Varney, 

(( 

One. 

12. F. II. Tuthill, 

44 

One. 

13. Geo. F. Castor, 

tt 

One. 

14. Carroll N. Towle, 

4 4 

Five Hundred. 

15. James M. Bradford, 

4 4 

One. 

16. William M. Wilson, 

Chicago, Illinois, 

One. 






30 


CHARTERS. 


PART I. 


Calumet River Ry. Co. 


17. Arthur N. Sullivan, 

Chicago, Ills., 

One. 

18. Chas. G. Guenther, 

Chicago, Ills., 

One. 

19. William A. Ball, 

Chicago, Ills., 

One. 


Recorded in the office of the Secretary of State of Indiana, Sep¬ 
tember 1st, 1886. 











PART I. 


CHARTERS. 


31 


CHARTER 

or 

HAMMOND AND LAKE MICHIGAN RAILWAY COMPANY. 


ARTICLES OF INCORPORATION 

of the 

9 

HAMMOND AND LAKE MICHIGAN RAILWAY COMPANY. 

The undersigned, subscribers hereto, having heretofore sub¬ 
scribed $50,000iL2. to the Capital Stock of the contemplated Ham¬ 
mond and Lake Michigan Railway Company, for the purpose of being 
formed into a company to lay out, construct, own, maintain and 
operate such railway company, do make, adopt and subscribe these 
articles of association. 

First. The name of this railway company shall be the Ham¬ 
mond and Lake Michigan Railway Company. 

Second. The amount of Capital Stock of such company shall be 
$500,000-- and shall consist of 5,000 shares of $100-- each. 

Third. The number of directors to manage the affairs of such 
company shall be five, and the names of the directors elected by 
the subscribers hereto are: 

Joseph T. Torrence, 

James S. Prentiss, 

Alonzo Stephens, 

C. N. Towle, 

Arthur N. Sullivan. 

Fourth. It is intended to construct said line of railway from a 
connection with the Calumet River Railway at or near the City of 
Hammond, Lake County, Indiana, in a North-easterly direction to 
Lake Michigan, with one or more tracks upon the main line and 
branches, and also such connecting tracks, and such spurs, exten¬ 
sions, side tracks, yard tracks, turnouts, switches and appurte¬ 
nances as will enable it to connect with warehouses, elevators, 
docks, stock-yards, mills, manufacturers, and other place of business, 
and other railroad tracks along or near its routes. All to be so con¬ 
structed that engines, cars and trains may operate over the whole 






CHARTERS. 


PART I. 


0,1 

OZ 


Hammond & Lake Michigan Ry. Co. 

line. All of said proposed railways to be constructed in said 
County of Lake, State of Indiana. And as near as can be stated 
the length of said railway will be about twenty-five miles. 

In witness whereof, the undersigned have hereunto subscribed 
their names and stated their places of residence and the number of 
shares taken by each. 

«y 

NAMES. 

one share 


Joseph T. Torrence, 
James S. Prentiss, 
Alonzo Stephens, 
Arthur X. Sullivan, 
William M. Wilson, 
Edward E. Towle, 
W. H. B. Menzies, 

C. D. Varney, 

E. C. Minas, 

C. C. Smith, 

James M. Bradford, 
Geo. F. Castor, 

F. II. Tuthill, 

John W. Dake, 

Thos. W. Johnston, 
C. X. Towle, 

A. G. Towle, 

Geo. II. Boynton, 
Wm. Guthrie, 

John B. Guthrie, 

W. H. Gostlin, 


one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 
one share 

live hundred shares 
one share 
one share 
one share 
one share 
one share 


RESIDENCE. 

Chicago, Illinois. 
Chicago, Illinois. 
Lake View, Ill. 
Evanston, Ill. 
Chicago, Ills. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, Ind. 

tt u 

Hammond, Ind. 
Hyde Park, Ills. 
Hammond, Ind. 
Hammond, Ind. 
Hammond, 
Hammond, 
Hammond, 
Hammond, 

State of Indiana, Feb- 


Dated this 23d day of February, 1887. 
Recorded in the office of the Secretary of 

ruary 25, 1887. 

•/ ' 




PART I. 


CHARTERS. 


33 


ARTICLES OF CONSOLIDATION 

BETWEEN 

THE CHICAGO AND CALUMET TERMINAL RAILWAY 
COMPANY, THE CALUMET RIVER RAILWAY COM¬ 
PANY, AND THE HAMMOND AND LAKE MICH¬ 
IGAN RAILWAY COMPANY. 


Articles of Consolidation and Merger, made and entered into 
this 1 ltli day of August, Anno Domini one thousand eight liun- 
dred and eighty-seven, between the Chicago and Calumet Termi- 
nal Railway Company, of the first part, The Calumet River Rail¬ 
way Company, of the second part, and The Hammond and Lake 
Michigan Railway Company, of the third part. 

Witnessedi: 

Whereas, The Calumet River Railway Company is a corporation 
duly organized and existing under and by virtue of the laws of the 
State of Indiana, and is authorized to locate, construct, maintain 
and operate a line of railroad from a point on the state line be¬ 
tween the States of Indiana and Illinois, between the north-east corner 
of section eight (8), in township thirty-six (3(1) of range fifteen 
(15), in the county of Cook and State of Illinois, and the point 
where the Grand Calumet river is intersected bv said state line, 
south of said section corner, which shall be found upon survey and 
location to be the most accessible to make connections with, and 
leads to and turnouts from, the several lines of railway now con- 
structed near that point; and run thence in an easterly direction, 
through the north side addition to the town of Hammond, in the 


State of Indiana, and section No. (25) twenty-five, township thirty- 
seven, (37) of range ten (10), in section No. thirty (30), township 
thirty-seven (37), of range nine (9), by the most practicable and 
feasible route to Indiana City, on Lake Michigan. And it is fur- 
ther intended to construct a line, beginning at a point in said north 
side addition to said town of Hammond, and run thence by the 
most practicable and feasible route, in a northerly direction, pass- 





34 


CHARTERS. 


PART I. 


Consolidation, Calumet Terminal. 


ing between Wolf Lake or Sheffield Bay, and Lake George, to a 
point on Lake Michigan near and east of the outlet of Wolf Lake 
or Sheffield Bay, where it empties into Lake Michigan, all to he 
connected so that engines, cars and trains may operate over the 
whole line; all of said proposed railway is to be constructed in the 
county of Lake, State of Indiana; and as near as can be stated the 
length of said railway will be about twenty-five miles; and 

Whereas, The Hammond and Lake Michigan Railway Company 
is a corporation duly organized and existing under and by virtue 
of the laws of the State of Indiana, and is authorized to locate, 
construct, maintain and operate a line of railway from a connection 
with the Calumet River Railway, at or near the city of Hammond, 
Lake county, Indiana, in a north-easterly direction to Lake Michi- 
gan, with one or more tracks, upon the main line and branches, 
and also with connecting tracks, and such spurs, extensions, side¬ 
tracks, yard-tracks, turn-outs, switches and appurtenances as will 
enable it to connect with warehouses, elevators, docks, stock-yards, 
mills, manufactories, and other places of business, and other rail¬ 
road tracks along or near its route; all to be so constructed that 
engines, cars and trains may operate over the whole line. All of 


said proposed railways to be constructed in said county of Lake, 
State of Indiana, and as near as can be stated the length of said 
railway will be about twenty-live miles; and 

Whereas, The Chicago and Calumet Terminal Railway Company 
is a corporation duly organized and existing under and by virtue 
of the laws of the State of Illinois, and is authorized to locate, 
construct, maintain and operate a line of railroad beginning at a 
point on Lake Michigan between Eighty-third (83d) street, in the 
village of Hyde Park, county of Cook and State of Illinois, and the 
Indiana state line; thence south-easterly to a point on the bound¬ 
ary line between the States of Indiana and Illinois, in the town of 

% 

Thornton; thence westerly and northerly to a point in the north¬ 
eastern part of the town of Bremen, in the vicinity of Blue Island; 
thence north-westerly to a point in the north line of Cook 
county, in the town of Northfield, or a point on Lake Michigan, 




RART I. 


CHARTERS. 


35 


Consolidation, Calumet Terminal. 

north of Chicago, all of such line of railroad being in Cook county, 
Illinois; and- 

W hereas, The lines of railroad proposed to be built by The Calu¬ 
met River Railway Company, The Hammond and Lake Michigan Rail¬ 
way Company, and The Chicago and Calumet Terminal Railway Com¬ 
pany, are located in the same general direction and have a connec¬ 
tion at the state line, between the States of Illinois and Indiana, 
and when built will form one continuous line in the same general 

(j 

direction; and 

Whereas, The interests of the stockholders of the said com¬ 
panies, and the convenience of the public will be greatly promoted 
by the consolidation and merger of the capital stocks, properties, 
rights, franchises and privileges of the Calumet River Railway 
Company and The Hammond and Lake Michigan Railway Com¬ 
pany into and with each other, and into and with the capital stock, 
property, rights, franchises and privileges of the Chicago and 
Calumet Terminal Railway Company, and inasmuch as such con¬ 
solidation and merger are necessary for the proper construction, 
successful operation and management of the said roads; and, 

Whereas, The capital stock of the said Chicago and Calumet 
Terminal Railway Company is live million dollars, divided into 
50,000 shares of 100 dollars each, of which there has 
been issued fifty shares, and the capital stock of the Calumet 
River Railway Company is five hundred thousand dollars, divided 
into shares of 100 dollars each, of which there has been issued 
522 shares; and the capital stock of the Hammond and Lake 
Michigan Railway Company is five hundred thousand dollars, 
divided into shares of 100 dollars each, of which there has been 
issued 520 shares; and 

Whereas, The Calumet River Railway Company and the Ham¬ 
mond and Lake Michigan Railway Company are not parallel or 
competing lines with each other, and neither of said lines is a par¬ 
allel or competing line with the line of railroad of the Chicago 
and Calumet Terminal Railway Company; and, 

Whereas, Such merger and consolidation has been sanctioned 






CHARTERS. 


PART I« 


36 


Consolidation, Calumet Terminal. 

and authorized by the unanimous vote of the directors of the Calu¬ 
met River Railway Company, at a meeting called for that purpose, 
and held at Hammond, Indiana, on the 24th day of February, A. D. 
1887, at which meeting of directors it was resolved and voted, to 
call a meeting of the stockholders of the Calumet River Railway 
Company to ratify the said action of the said directors; and, 

Whereas, The said directors did call a meeting of the said stock¬ 
holders of the said Calumet River Railway Company for the pur¬ 
pose of said ratification, to he held at Hammond, Indiana, on the 
6th day of May, A. D. 1887, and did cause each of said stock¬ 
holders of said company to be notified of such meeting, and the 
object thereof, by mailing a notice to each of said stockholders, 
and by publishing said notice for sixty days prior to the date of 
said meeting in the Hammond Labor Record, a newspaper of gen¬ 
eral circulation published at Hammond, Lake County, Indiana; 
and, 

Whereas, Such consolidation and merger has been authorized 
and sanctioned, by the votes of the owners of more than two-thirds 
in amount of the capital stock of the said Calumet River Railway 
Company, at a meeting of said stockholders held at Hammond, 
Indiana, on the 17th day of May, A. D. 1887, which meeting was 
held pursuant to adjournments of said stockholders’ meeting called 
to meet at the same place on the 6th day of May, A. I). 1887; 
and, 

Whereas, Such merger and consolidation has been sanctioned 
and authorized by the unanimous vote of the directors of the Ham¬ 
mond and Lake Michigan Railway Company at a meeting called 
for that purpose and held at Hammond, Indiana, on the 25th day 
of February, A. D. 1887, at which meeting of directors it was re¬ 
solved and voted, to call a meeting of the stockholders of the Ham¬ 
mond and Lake Michigan Railway Company to ratify the said 
action of said directors; and, 

Whereas, The said directors did call a meeting of the said stock¬ 
holders of the said Hammond and Lake Michigan Railway Com¬ 
pany for the purpose of said ratification, to be held at Hammond, 




PART I. 


CHARTERS. 


37 


Consolidation, Calumet Terminal. 

Indiana, on the 6th day of May, A. D. 1887, and did cause each of 
said stockholders of the said Hammond and Lake Michigan Rail- 
way Company to he notified of said meeting and the object thereof, 
by mailing a notice to each of said stockholders and by publishing 
said notice for sixty days prior to the date of said meeting in the 
Hammond Labor Record, a newspaper of general circulation pub¬ 
lished at Hammond, Lake County, Indiana; and, 

M heeeas, Such consolidation and merger has been authorized 
and sanctioned by the votes of the owners of more than two-thirds 
in amount of the capital stock of the Hammond and Lake Mich¬ 
igan Railway Company at a meeting of said stockholders held at 
Hammond, Indiana, on the 17th day of May, A. D. 1887, which 
meeting was held pursuant to adjournments of said stockholders’ 
meeting called to meet at the same place on the 6th day of May, 
A. D. 1887; and 

Whereas, Such merger and consolidation has been sanctioned 
and authorized by the unanimous vote of the directors of the Chi- 

t / 

cag’O and Calumet Terminal Railway Company, at a meeting called 
for that purpose, and held at Chicago, on the 24th day of February 
A. D. 1887, at which meeting it was voted to call a meeting of the 
stockholders of the Chicago and Calumet Terminal Railway Com- 
pany, to ratify the said action of the said directors; and 

Whereas, The said directors of the Chicago and Calumet Termi¬ 
nal Railway Company, called a meeting of the stockholders of said 
company for the purpose of said ratification, to be held at Chi¬ 
cago on the 6th day of May, A. D. 1887, and did cause each of the 
stockholders of said company to be notified of such meeting and 
the object thereof, by mailing a notice to each of said stockholders, 
and by publishing said notice for sixty days prior to the date of 
said meeting in the Hegewisch Journal, a newspaper of general cir¬ 
culation published at Hegewisch, in the county of Cook and State 
of Illinois; and 

Whereas, The said stockholders of the said Chicago and Calumet 
Terminal Railway Company did meet on the 6th day of May, pur¬ 
suant to said call of said directors, and did adjourn said meeting 







38 


CHARTERS. 


PART 1. 


Consolidation, Calumet Terminal. 

until the 13th day of May, A. D. 1887, and did meet again on said 
last named day, and there were present the owners of more than 
two-thirds, in amount, of the capital stock of said company, and it 
was then and there unanimously voted by the said stockholders to 
sanction and authorize such consolidation and merger; and 

W heeeas, By the resolutions passed at each of said meetings 
authorizing the said merger and consolidation, it will appear that 
this form for the articles of consolidation and merger was agreed 
upon and adopted, and directed to be executed, acknowledged and 
delivered by the respective presidents of said companies; and the 
seal thereof attached by the respective secretaries of said com¬ 
panies. 

Now Therefore, for the purpose of so merging and consolidat¬ 
ing the Calumet River Railway Company, the Hammond and Lake 
Michigan Railway Company, and the Chicago and Calumet Termi¬ 
nal Railway Company; this joint agreement, made this 11th day of 
August, A. D. 1887, between the said companies, witnesseth: 

That, the said parties hereto in consideration of the premises and 
the sum of one dollar to each, in hand paid by the others, the re¬ 
ceipt whereof is hereby acknowledged, and for the other consider¬ 
ations herein expressed, have agreed with each other to, and here¬ 
by do, merge and consolidate the Calumet River Railway Company, 
and the capital stock, franchise, privileges and property thereof, 
and the Hammond and Lake Michigan Railway Company, and the 
capital stock, franchise, privileges and property thereof, into and 
with each other, and into and with the Chicago and Calumet Termi¬ 
nal Railway Company, and its capital stock, franchises, privileges 
and property, on the following terms and conditions, that is to say; 

First. All and singular the rights, franchises, privileges, real 
and personal, choses in action and effects of every kind and de¬ 
scription, in which the Calumet River Railway Company has any 
rights, title or interest, whether in possession, reversion or remainder, 
with the appurtenances, and all and singular, the rights, fran¬ 
chises, privileges, property, real and personal, choses in action and ef¬ 
fects of every kind and description, in which the Hammond and Lake 




PART I. 


CHARTERS. 


39 


Consolidation, Calumet Terminal. 


Michi gan Railway Company lias any right, title or interest, whether 
in possession, reversion or remainder, with the appurtenances, upon 
the execution of this agreement shall be then, and from thenceforth 
merged into, and consolidated with, and vested in, and shall be 
held, owned and controlled by the Chicago and Calumet Terminal 
Railway Company, its successors or assigns, as fully and completely 
as the said respective companies do now hold, or can now hold, 
own, use or control the same, and no further act or deed, convey¬ 
ance or assurance shall be required for the full and complete vest¬ 
ing thereof, in the said consolidated company, and the Chicago and 
Calumet Terminal Railway Company, and its successors, are hereby 
fully and forever released and discharged of all claims, indebted¬ 
ness and demands, which may on its part exist and be due, to either 
the Calumet River Railway Company, or to the Hammond and Lake 
Michigan Railway Company. 

Second. The capital stock of the Chicago and Calumet Ter¬ 
minal Railway Company, with the Calumet River Railway Com¬ 
pany and the Hammond and Lake Michigan Railway Company so 
consolidated with and merged into it, and for the purpose of 
carrying out such consolidation and merger, is hereby fixed subject 
to such increase as may be prescribed or authorized by law at 
$5,000,000, divided into 50,000 shares of the par value of 
$100 each, of which there shall be issued to the aforesaid 
stockholders of the Calumet River Railway Company, 522 
shares, upon the surrender by such stockholders of the certificates 
of stock so now held by them respectively; and to the aforesaid 
stockholders of the Hammond and Lake Michigan Railway Com¬ 
pany 520 shares upon the surrender by said stockholders of the 
certificates of stock so now held by them respectively, and to 
the aforesaid stockholders of the Chicago and Calumet Terminal 
Railway Company 50 shares upon the surrender by such stock¬ 
holders of the certificates of stock so now held by them respect¬ 


ively. 

Third. The principal business office of the Chicago and Calu- 
met Terminal Railway Company, with the Calumet River Railway 




40 


CHARTERS 


PART I. 


Consolidation, Calumet Terminal. 


Company and the Hammond and Lake Michigan Railway Com¬ 
pany so consolidated with and merged into it, as aforesaid, shall be 
in Chicago, Cook County, Illinois, with a branch office thereof at 
Hammond, Lake County, Indiana. 

Fourth. The government of the Chicago and Calumet Terminal 
Railway Company, with the Calumet River Railway Company and 
the Hammond and Lake Michigan Railway Company, so consoli¬ 
dated with and merged into it, as aforesaid, and the manage¬ 
ment of its affairs, upon the consolidation and merger aforesaid, 
shall remain vested in the present directors and officers of the 
Chicago and Calumet Terminal Railway Company, who are as 
follows: 


Directors: Sereno C. Gibbs, James S. Prentiss, Alonzo Ste¬ 
phens, William M. Wilson and E. T. Mason. 

President: Alonzo Stephens. 

Secretary: James S. Prentiss. 

Fifth. The directors and officers above named, shall hold their 
offices for the term for which they were elected or appointed, or 
until others shall be chosen or appointed in their places, as pro¬ 
vided in the by-laws of the Chicago and Calumet Terminal Rail¬ 
way Company. 

Sixth. The common or corporate seal of the Chicago and Calu¬ 
met Terminal Railway Company, and its name shall remain and be, 
until changed according to law, the corporate seal and name of the 
said corporation, after the consolidation and merger of the Calumet 


River Railway Company and the Hammond and Lake Michigan 
Railway Company with, and into it. 

Seventh. The by-laws of the Chicago and Calumet Terminal 

•j o 

Railway Company shall remain, until the same are altered and 
amended, according to the provisions thereof, the by-laws of the 
said corporation after the said consolidation and merger of the 
Calumet River Railway Company and the Hammond and Lake 
Michigan Railway Company with, and into it. 

In witness whereof, the parties hereto have respectively caused 
these presents to be sealed wdth their several corporate seals, and 







PART I. 


CHARTERS. 


41 


Consolidation, Calumet Terminal. 


signed by their respective presidents, and attested by their respect¬ 
ive secretaries, the day and year first above written. 

( me ago and Calumet Terminal Railway Company, 

By Alonzo Stephens, President. 

Attest: 

[seal.] James S. Prentiss, Secretary. 


Attest : 
[seal.] 


Hammond and Lake Michigan Railway Company, 

By W. Id. Gostlin, President. 

James S. Prentiss, Secretary. 


Attest : 
[seal.] 


The Calumet River Railway Company, 

By Thomas W. Johnstone, President. 

James S. Prentiss, Secretary\ 


State of Illinois, ) 
County of Cook, j ss 


Be it remembered that on the eleventh dav of August, A. D. 

«y O 7 

1887, before me, the undersigned, a notary public in and for the 
county of Cook, and State of Illinois, came Alonzo Stephens and 
James S. Prentiss, personally known to me to be the identical per¬ 
sons whose names are attached to the foregoing joint articles of 
consolidation and merger, as having executed the same, and who 
are also known to me to be, the first the president, and the second 
the secretary, of the Chicago and Calumet Terminal Railway Com¬ 
pany, and acknowledged that they had executed the foregoing 
articles of consolidation and merger as the agreement, act and deed 


of said company, and had signed the same and affixed the corpo¬ 
rate seal of said company to the same, in their official capacity, as 
the agreement, act and deed of said corporation, and had delivered 
the same for the uses and purposes therein expressed, as their free 
and voluntary act, and the free and voluntary act of said cor¬ 
poration. 








42 


CHARTERS. 


PART I. 


Consolidation, Calnmet Terminal. 


In witness whereof, I have hereunto set my hand and official 
seal at Chicago, Cook county, Illinois, this eleventh day of August, 


A. D. 1887. 


Geo. W. Murray, 

Notary Public. 


[seal.] 


State of Indiana, 
Lake County. 



Be it remembered that on the eleventh day of August, A. D. 
1887, before me, the undersigned, a notary public in and for the 
county of Lake, and the State of Indiana, came Tlios. W. John¬ 
stone and James S. Prentiss, personally known to me to be the 
identical persons whose names are attached to the foregoing joint 
articles of consolidation and merger, as having executed the same, 
and also known to me to be, the first the president, and the second 
the secretary of the Calumet River Railway Company, and ac¬ 
knowledged that they had executed the foregoing articles of con¬ 
solidation and merger as the agreement, act and deed of said com¬ 
pany, and had signed the same and affixed the corporate seal of the 
said company to the same, in their official capacity, as the agree¬ 
ment, act and deed of said corporation, and had delivered the 
same for the uses and purposes therein expressed, as their free and 
voluntary act, and the free and voluntary act of said corporation. 

In witness whereof, I have hereunto set my hand and affixed 
my official seal, at Hammond, Lake county, Indiana, this eleventh 
day of August, A. D. 1887. 


[seal.] 


Edward E. Towle, 

Notary Public. 



Be it remembered, that on the eleventh day of August, A. D. 
1887, before me, the undersigned, a notary public in and for the 
county of Lake and State of Indiana, came William H. Gostlin 




PART I. 


CHARTERS. 


43 


Consolidation, Calumet Terminal. 

and James S. Prentiss, personally known to me to be the identical 
persons whose names are attached to the foregoing* joint articles of 
consolidation and merger, as having executed the same, and also 
known to me to be, the first the president, and the second the sec¬ 
retary of the Hammond and Lake Michigan Railway Company, and 
acknowledged that they had executed the foregoing articles of con¬ 
solidation and merger as the agreement, act and deed of said 
company, and had signed the same and affixed the corporate seal 
of said company to the same, in their official capacity, as the agree¬ 
ment, act and deed of said corporation, and had delivered the same 
for the uses and purposes therein expressed, as their free and vol¬ 
untary act, and the free and voluntary act of said corporation. 

In witness whereof, I have hereunto set my hand and affixed my 
official seal, at Hammond, Lake county, Indiana, this eleventh day 
of August, A. D. 1887. 

Edward E. Towle, 

[seal.] Notary Public. 

Recorded in the office of the Secretary of State of Illinois, Au¬ 
gust 15, 1887. 

Recorded in the office of the Secretary of State of Indiana, Sep¬ 
tember 13, 1887. 

Recorded in the office of the Recorder of Cook County, Illinois, 
August 16, 1887. 

Recorded in the office of the Recorder of Lake County, Indiana, 
September 8, 1887. 




44 


CHARTERS. 


PAKT 1. 


CHARTER 

or 

CHICAGO AND WISCONSIN RAILROAD COMPANY. 


Know all Men by these Presents that we, Henry S. Hawley, 
• Henry T. Glover, Charles R. Schniglau, John B. Jackson, Thomas 
B. Marston and Elijah Stanford, whose names are hereto subscribed, 
do hereby adopt the following Articles, for the purpose of forming 
a Corporation to build, operate and maintain the line of Railroad 
therein described. 

I. The name of the proposed Corporation shall be the Chicago 
and Wisconsin Railroad Company. 

II. The said Railroad shall commence at some point in the 
South Division of the City of Chicago, in the County of Cook and 
state of Illinois, and terminate at the North Line of the state of 
Illinois, at or near the County Line, between the counties of 
McHenry and Lake, in said state. 

III. The principal place of business of said Corporation shall 
be established and maintained at the City of Chicago, in the State 
of Illinois. 

IV. The said Corporation shall commence its existence when 
the Articles of Incorporation shall have been recorded as provided 
by law in the office of the Secretary of State, and in the several 
Counties through which said Railway is proposed to be built, to wit: 


the Counties of Cook, McHenry and Lake, and shall continue for 
the term of fifty years. 

Y. The Capital Stock of said Corporation shall be the sum of 
One and one half Million Dollars. 

YI. The residence of the Corporators is as follows: 

Henry S. Hawley, Chicago, Illinois, 

Henry T. Glover, Chicago, Illinois, 

Charles R. Schniglau, Chicago, Illinois, 


j 


John B. Jackson, 
Thomas B. Marston, 
Elijah Stanford, 


Chicago, Illinois, 
Chicago, Illinois, 
Fort Hill, Illinois. 





PART I. 


CHARTERS. 


45 


Chicago and Wisconsin R. R. Co. 


VII. The Corporators herein named shall constitute the First 
Board of Directors and the management of the Corporation shall 
be vested in them, and said Board shall elect a President and Vice- 
President from among their own number and appoint a Secretary 
and Treasurer, and such other Officers and Agents, as may be pro¬ 
vided for by the By-Laws, and provide for their duties in said 
By-Laws. 

VIII. The Capital Stock of said Corporation shall be divided 
into Shares of One hundred ($100 a -) Dollars each, and consist of 
Fifteen thousand (15,000) Shares which may be divided into com¬ 
mon and preferred Stock in accordance with such provisions as may 
be contained in the By-Laws. 

In witness avhereof, we have hereto attached our hands and 
seals this 21st day of March, A. D. 1884. 


Henry S. Hawley, 

[seal.] 

Henry T. Glover, 

[seal.] 

Charles R. Schniglau, 

[seal.] 

John B. Jackson, 

[seal.] 

Thos. B. Marston, 

[seal.] 

Elijah Stanford. 

[seal.] 


Recorded in the office of the Secretary of State of Illinois, March 
27th, 1884. 

Recorded in the office of the Recorder of Cook County, Illinois, 
March 26th, 1884. 

Recorded in the office of the Recorder of Lake County, Illinois, 
March 25th, 1884. 

Recorded in the office of the Recorder of McHenry County, Illi¬ 
nois, March 22d, 1884. 




46 


CHARTERS. 


PART 1 . 


CHARTER 

or 

THE CHICAGO SOUTH BRANCH DOCK COMPANY.* 


AN ACT to incorporate the Chicago South Branch Dock Company. 

Section 1 . Be it enacted by the People of the State of Illinois , 
represented in the General Assembly, that William Green, William 
S. Sampson, Richard J. Arnold, John F. Hance, Roswell B. Mason, 
Amos G. Throop, Abraham J. Knisely, and all such persons as 
shall hereafter become stockholders in the company hereby incor¬ 
porated, shall be, and for the time of thirty years after the passage 
of this act, shall continue to be a body politic and corporate, by 
the name and style of “ The Chicago South Branch Dock Com¬ 
pany,” and by that name and style shall be capable of suing and 
being sued, implead, answer or defend, in law or equity, in all 
courts and places whatsoever; make and use a common seal, and 
to alter or renew the same at pleasure; and, by their said corpo¬ 
rate name and style shall be capable, in law, of contracting and 
being - contracted with; and shall be and are hereby invested with 
all the powers, privileges, immunities and franchises of acquiring, 
by purchase or otherwise, and of holding and conveying all real 
and personal estate which may be needful or convenient for carry¬ 
ing into effect fully the objects and purposes of this act; and may 
receive and make all deeds, transfers, covenants, conveyances, 
grants, contracts, agreements and bargains whatsoever, necessary 
for such purposes; and, generally, may do every other act or thing 


* This Corporation was the successor of a voluntary organization called The Chi¬ 
cago South Branch Canal Company, the individuals composing which were the 
owners of and subdivided the property known as Greene’s South Branch Addition. 

See Ordinance of Chicago South Branch Canal Company and Plat of Greene’s 
South Branch Addition, infra. 

This Charter expired February 19th, 1889, and thereupon all leases and contracts 
of the Company terminated. 

Before the expiration of the Charter the Company had sold all its real estate, and 
all its rights and franchises that did not expire with the expiration of its charter, 
became vested in the Chicago and Northern Pacific Railroad Company. See deeds 
from Chicago South Branch Dock Company to Bridgeport and South Chicago Rail¬ 
road Company and from the latter Company to Chicago and Northern Pacific Rail¬ 
road Company, infra. 






PART I. 


CHARTERS. 


47 


Chicago South Branch Dock Co. 


necessary to carry into effect the provisions of this act and pro¬ 
mote the objects and designs of said company as by this act author¬ 
ized. 

Sec. 2. The said corporation is hereby authorized and empowered 
to improve, in such a manner as shall be conformable to the laws 
of this state, and not contrary to or inconsistent with any of the 
rights or privileges of the city of Chicago or of any citizen or citi¬ 
zens of this or of the United States, the following described lands 
and property, situated in the City of Chicago, in the county of Cook 
and State of Illinois, to wit: The north fractional part of section 
twenty-nine, in township thirty-nine north, of range fourteen, east 
of the third principal meridian, excepting the east sixteen and 1 7 0 2 J r 
acres, and any other lands and appurtenances whichnow or which shall 
hereafter belong to said company, by laying the same out into lots, 
streets, squares, lanes, alleys and other divisions, and by surveying, 
locating, constructing, altering, maintaining and operating seven 
or any less or greater number of canals, and to connect such canals 
with the South Branch of the Chicago river, in such a manner as 
not to injure the navigation of the said river; and to make and use 
on such lands all such railroads, wharves, workshops, warehouses, 
stores and such other buildings and improvements as may be found 
necessary, convenient or ornamental, with full powders of letting, 
renting, leasing, selling, granting or using any lot or other portion 
of any such lands, or the improvements made or to be made there¬ 
on, for any trade, business or manufacture authorized or permitted 
by the laws of this state; Provided , that the said company and its 
agents shall, in all cases whatsoever, be subject to and observe the 
ordinances of the City of Chicag’o, within the limits of said city. 

Sec. 3. The capital stock of said company shall be six hundred 
and fifty thousand dollars, which may be increased, from time to 
time, to any sum not exceeding the entire amount of the value of 
such lands, including any and all improvements made and to be 
made upon the same, divided into shares of one hundred dollars 
each, which shall 1)8 deemed personal property, and may be issued 
and transferred in such manner as may bo ordered and provided by 






CHARTERS. 


PART I. 


48 


Chicago South Branch Bock Co. 

the board of directors, who shall have power to require the pay¬ 
ment of the sums subscribed by stockholders in such manner and on 
such terms as they may think proper; and, on refusal, neglect or 
default on the part of the stockholders or any of them to make 
payment as and when required by the board of directors, the said 
company may sue for and collect the same, or may, after thirty 
days’ notice thereof, published in a daily newspaper in the city of 
Chicago, sell the shares of such delinquent or delinquents, at public 
auction, under such rules as the board of directors may adopt, the 
surplus money, if any, remaining after deducting the payments due 
with the interest and costs of sale, to be paid to such delinquent 
stockholder or stockholders or his or their legal representative. 
The persons named in the first section of this act, or a majority of 
them, are hereby authorized to dispose of the stock of said com¬ 
pany, and to cause books to be opened for subscriptions to said 
capital stock, in such manner and at such times and places as they 
may deem expedient. 

Sec. 4. The corporate powers of said company shall be vested 
in a board of directors, and such officers and agents as such board 
shall appoint. The board of directors shall consist of live persons, 
who shall be stockholders of said company, to be chosen, annually, 
by the stockholders; each share having one vote, which may be 
given in person or by proxy. Such directors to continue in office 
for one year, and until their successors are elected and qualified. 
Vacancies in the board may be filled, at any time, by two-thirds of 
the directors remaining. Such appointees to continue in office un¬ 
til the next regular annual election of directors. The officers of 
said board, and the officers, agents, servants and employees of said 
company, whether members of the board of directors or otherwise, 
may be appointed, employed, paid and dismissed, under such rules 
and regulations, and may be required to enter into such bonds as 
the board of directors may, from time to time, adopt and direct. 

Sec. o. The said company shall have power to make all such 
by-laws, rules and regulations as may be deemed expedient and 
necessary to fulfill the purposes and carry into effect the provisions 







PART I. 


CHARTERS. 


49 


Chicago South Branch Dock Co. 

of this act, and for the well ordering-, regulating and securing the 

O 7 o o o 



be not repugnant to the constitution and laws of the United 
States or of this state or to this act. 

Sec. 6. I he said Chicago South Branch Dock Company are 
authorized and empowered to borrow, from time to time, such sum 
or sums of money not exceeding at any one time fifty thousand dollars 
as in their discretion the directors thereof may deem necessary, to 
aid in the construction of said docks, railroads and other improve¬ 
ments and works; and to pay interest thereon, not exceeding ten 
per cent, per annum, payable semi-annually or otherwise, and 
pledge and mortgage the lands, docks, railroads, real estate, ef¬ 
fects, rights, credits and franchises of said company, as security 
for any loan of money and interest thereon, and to dispose of the 
bonds issued for such loan, at such rates and on such terms as the 
board of directors may determine; and the directors of said com¬ 
pany may confer on any bondholder of any bond issued for money 
borrowed as aforesaid, the right to convert the principal due or 
owing thereon into stock of said company, at any time, not ex¬ 
ceeding ten years from the date of the bond, under such rules as 
the board of directors may adopt therefor: Provided, however, 
that no mortgage or other conveyance of the real estate of said 
company shall be valid, unless signed by the president and secre¬ 
tary thereof, and be under the seal of the company, and be duly 
acknowledged by said president and secretary, before a proper 
officer, according to law: And provided, further, that nothing in 
this act contained shall be so construed as to vest said company 
with banking powers, or to authorize them to make, emit or utter 
any bank note or other device, to be used as money. 

Sec. 7. So soon as the sum of five hundred thousand dollars 
of the capital stock of said company shall have been subscribed, 
the said persons named in the first section of this act, or a majority 
of them, shall give ten days notice, by publishing in a newspaper 
printed in the city of Chicago, of an election by said stockholders 
of a board of directors, as hereinbefore provided. At the time 






50 


CHARTERS. 


PART I. 


Chicago South Branch Dock Co. 

and place appointed in said notice, for that purpose, the said per¬ 
sons named in the first section of this act, or a majority of them, 
shall attend and act as inspectors of said election, and the stock¬ 
holders present shall proceed to elect five directors, by ballot; and 
the said inspectors present shall certify the result of said election, 
under their hands, which certificate shall be recorded in the book of 
records of said Chicago South Branch Dock Company, and shall be 
sufficient evidence of the election of the directors therein named; and 
the directors thus elected shall hold their offices for one year, and 
until their successors are elected and qualified; and shall elect one 
of their number as president of the board. All future elections 
shall be held at the time and in the manner prescribed by the by¬ 
laws and regulations of the said incorporation. 

Sec. 8. The joint stock, property, funds and effects of said com¬ 
pany shall be answerable for all the contracts made or authorized 
by or for the said company, and for all just claims against the 
same; but none of the stockholders shall be liable, in person or 
property, for any contracts or claims against the said corporation; 
and the service of legal process on the president or any of the di¬ 
rectors shall be sufficient service on the corporation. 

Sec. 9. This act shall be deemed and taken as a public act, and 
shall be construed beneficially for all purposes herein specified or 
intended, and all copies thereof, printed by or under the direction 
of the general assembly of this state, shall be received in all courts 
and places whatsoever, in this state, as sufficient evidence thereof, 
without further proof. 

Sec. 10. This act to take effect and be in force from and after 
its passage. 

Approved February 19, 1859. 










































































































































































• 







































Part 11. 


ORDINANCES. 



ORDINANCES. 


AN ORDINANCE 

Concerning the LaSalle and Chicago Railroad Company. 

[Passed May 13th, 1872.] 

Be it ordained by the Common Council of the City of Chicago: 

Sec. 1 . That permission and authority be, and the same are 
hereby, given and granted unto the La Salle and Chicago Railroad 
Company to lay down, maintain and operate one or more railroad 
tracks along and upon the following named route and streets in 
the city of Chicago, to wit: commencing at the western city limits, 
adjacent to the right of way of the Chicago, Burlington and Quincy 
Railroad Company, thence, as near as practicable, to the said Chi¬ 
cago, Burlington and Quincy railroad tracks to Rebecca street, thence 
on the south half of Rebecca street to, or near, the east end of Re¬ 
becca street, thence to Meagher street; thence on the south side of 
Meagher street (and on the alleys between Johnson and Halsted 
streets, running on a line nearly due west of Meagher street) and 
across Meagher street into Stewart avenue; thence north on 
Stewart avenue, and Beach street to Harrison street; thence 
north across Harrison street on the east side of the tracks 
of the Pittsburgh, Fort Wayne and Chicago Railroad Com¬ 
pany, on any property said La Salle and Chicago Railroad 
Company may acquire by purchase, condemnation or otherwise, to 
the south line of West Adams street: Provided, that the La Salle 
and Chicago Railroad Company shall not in entering the city oc¬ 
cupy or cross the depot grounds of another company. 

Sec. 2. The said railroad company may cross any and all streets 
and alleys and railroad tracks upon or along the line of its said 
route. Said company to be subject to the directions of the board 




2 


ORDINANCES. 


PART II. 


LaSalle & Chicago R. R. Co.—Chicago. 

of public works of said city, in the construction of its said tracks 
and the keeping* in repair of so much of said streets, alleys and 
crossings as may be occupied by said railroad company with its 
tracks, switches and turn-outs. 

Sec. 3. The said railroad company may, and it is hereby 
authorized to, lay down, maintain and operate one or more rail¬ 
road tracks, with such turn-outs, side-tracks, switches and turn¬ 
tables as it shall deem necessary, over or across any land which it 
may acquire upon the line of said route or said streets, or between 
the same on the line of said route, either by purchase, con¬ 
demnation or otherwise, and the said railroad company may use 
and operate its railroad tracks, hereby authorized to be laid, with 
locomotive engines and cars, or with horse or other animal power, 
as it shall deem proper, subject to all ordinances of the city of Chi¬ 
cago applicable to railroads similarly situated. 

Sec. 4. The said railroad company shall have the right, and is 
hereby authorized, to depress its tracks, to bridge the cross streets 
over said tracks, and to employ such other means as to such cross- 
streets as it may deem necessary to secure quick transit, under the 
direction and superintendence of the board of public works of the 
city of Chicago, and all bridges when erected, with the approaches 
thereto, shall belong to, and be the property of the city of Chi¬ 
cago. Convenient crossings shall be made and maintained by said 
company where said track or tracks cross any street or alley within 
said city, according to the directions of the board of public works 
of said city; but the permission and authority herein granted are 
upon the express condition that the said company shall erect via¬ 
ducts over its said tracks on any street or streets of said city which 
may be crossed by its said tracks where and as the said board of 
public works or the common council may from time to time require; 
Provided , that said viaducts shall have approaches thereto on either 
side thereof; said approaches to have an elevation of not more 
than one foot to every forty feet in length, and that said approaches 
to said viaduct or viaducts shall likewise be erected, built and main¬ 
tained at the expense of said railroad company; Provided, liow- 




PART II. 


ORDINANCES. 


3 


LaSalle & Chicago R. R. Co.—Chicago. 

ever , that said company shall not be required to erect more than 
two of such viaducts in any one year; and that where such via¬ 
ducts cannot be built at any such crossing without the same be 
built over the track or tracks of some other railway company or 
companies, then said company shall only be obliged to join with 
such other last mentioned railroad company or companies, and to 
pay its fair proportion of the costs of such viaduct or viaducts, and 
that such viaducts shall be erected under the superintendence of 
and in such manner as said board of public works may require; 
but it is hereby provided that the first two viaducts to be erected 
in pursuance of this ordinance shall be, one over the Canal street 
crossing and one over the Halsted street crossing, and that if a 
viaduct shall be built over the said Canal street crossing before said 
La Salle and Chicago Railroad shall lay down a track across 
said Canal street, the said La Salle and Chicago Railroad Com¬ 
pany shall pay its fair proportion (with other railroad companies) 
of the costs of said last mentioned viaduct. 

Sec. 5. The said railroad company shall be subject to all gen¬ 
eral laws and ordinances of the common council of the said city, in 
relation to railroads. 

Sec. 6. The permission and authority hereby granted are upon 
the further express condition that the said LaSalle and Chicago 
Railroad Company shall and will forever indemnify and save harm¬ 
less the city of Chicago against and from any and all damages, 
judgments, decrees and costs and expenses of same which it may 
suffer or which may be recovered or obtained against said city for 
or by reason of the granting of such privileges and authority, or 
for or by reason of, or growing out of, or resulting from the pas¬ 
sage of this ordinance or any matter or thing connected therewith, 
or with the exercise by the said company of the privileges hereby 
granted. 

Sec. 7. The permission and authority herein granted are upon 
the further express condition that said railroad company shall and 
will, within three years from the time that said company shall lay 
down and construct said track or tracks upon said streets, commence 





4 


ORDINANCES. 


PART II. 


LaSalle & Chicago R. R. Co.—Chicago. 

and prosecute in good faith, in some fcourt of competent jurisdic¬ 
tion, proceedings for the ascertainment of and the making of com¬ 
pensation for all legal damages that may be suffered by any per¬ 
son or persons in their property or possessions by reason of such 
laying down and construction of such track or tracks, or any part 
thereof; and that having so commenced such proceedings said rail¬ 
road company shall prosecute the same in good faith, without un¬ 
reasonable delay, to completion: Provided , that this section shall 
not apply to any property or possessions the owner of or party in¬ 
terested in which shall not have claimed such compensation within 
said three years. 

Sec. 8. The permission and authority herein granted are upon 
the further express condition, to wit: That said LaSalle and Chi¬ 
cago Railroad Company shall permit any corporation, person or 
persons, duly authorized by ordinance of said city, to construct 
side tracks to intersect any track or tracks of said railroad company, 
within the limits of said city, for the purpose of conveying prop¬ 
erty to and from said railroad to any warehouse, lumber yard, coal 
yard or manufactory situated within one thousand (1,000) feet of 
such railroad, and upon reasonable compensation being made 
therefor shall at all times permit the owner or lessees of any such 
side track, or the consignees of any property, to bike the cars con¬ 
taining such property to him or them consigned to any such ware¬ 
house, lumber yard, coal yard or manufactory situated upon any 
such side track; and that any such owner, lessee or person con¬ 
ducting or carrying on any such warehouse, lumberyard, coalyard 
or manufactory shall be entitled to have any property taken from 
any such warehouse, lumber yard, coal yard or manufactory over 
any such side track to and upon the track of said railroad, under 
the direction and regulations of said LaSalle and Chicago Railroad 

Company, without unreasonable delay: Provided, lioivever, that 

\ 

any cars so taken shall be returned without any unnecessary delay. 

Sec. 9. The privileges authorized herein are granted upon the 
express condition that the La Salle and Chicago Railroad Com¬ 
pany shall permit any other railroad companies, not exceeding two 






PART II. 


ORDINANCES. 


5 


LaSalle & Chicago R. R. Co.—Chicago. 


ill number, which have not at present any right of entrance into 
the city of Chicago under any ordinance or grant of said city, to 
use the said tracks hereby authorized to be laid on the streets 
herein named jointly with the said La Salle and Chicago Railroad 


Company (and to lay down tracks upon and across any lands owned, 
leased or occupied by the said La Salle and Chicago Railroad Com- 


pany, when necessary to the exercise of the privileges hereby 
granted), upon such fair and equitable terms as may be agreed 
upon by said companies; and in the event that said companies 


cannot agree upon such terms, the same shall be settled by three 
disinterested persons, one to be selected by said La Salle and Chi¬ 
cago Railroad Company, one to be named by such other company 
as may desire to use said tracks, and the third by the said two per¬ 
sons, and the terms and conditions which shall be fixed and deter¬ 
mined by said persons, or a majority of such persons, shall be the 
terms and conditions upon which said companies respectively shall 
use and occupy said tracks and lay down tracks upon and across 
said lands; and such other railroad companies which may be al¬ 
lowed the use of said tracks shall have the same privileges to run 
cars upon and across said streets and alleys as are herein granted 
to said La Salle and Chicago Railroad Company, and shall be 
subject to all the conditions, restrictions and terms contained in this 
ordinance. 

Sec. 10. The rights and privileges hereby granted are upon the 
further express condition that the La Salle and Chicago Railroad 
Company shall purchase (and pay for the same), from all res¬ 
ident owners who may desire to sell the same, the property upon 
which they respectively now reside, fronting upon any street, be¬ 
fore it lays its tracks upon the part of said street in front of the 
said property, and in case the property owners above referred to 
and said railroad company cannot agree upon the value of said 
premises as above stated, then said property owners shall select 
one person, said railroad company one person, and said two men 
so selected shall select a third person, and said three persons so se¬ 
lected shall be and are hereby constituted a committee of arbitra- 









ORDINANCES. 


PART II. 


() 


LaSalle & Chicago K. R. Co.—Chicago. 

tion, and who shall appraise the value of said premises within thirty 
(30) days after said appointment, and the appraisement and de¬ 
cision of said three persons, or of amajority of such three persons, 
shall be final and binding upon said railroad company and upon 
said property owners. The term “ fronting” shall be held to in¬ 
clude both fronts of corner lots: Provided , further , that this ordi¬ 
nance shall be null and void unless the tracks herein provided for 
shall be constructed within two years from the date of the passage 
thereof. 




PART II. 


7 


ORDINANCES. 


AN ORDINANCE 

To Amend an Ordinance Entitled “ An Ordinance Concerning 
the LaSalle and Chicago Railroad Company,” 

Passed May 13, A. D. 1872. 

[Passed May 11th, 1885.] 

M hereas, the name of the LaSalle and Chicago Railroad Com¬ 
pany has been, under and by virtue of the statute in such case made 
and provided, changed to the “ Chicago and Great Western Rail¬ 
road Company,” which is now the name of said corporation. 

Therefore, be it ordained by the City Council of the city of Chicago, 

Section 1. That an ordinance entitled “An ordinance concern¬ 
ing the LaSalle and Chicago Railroad Company,” passed May 13, 
A. D. 1872, be, and is hereby amended by the insertion of the 
words, “ now the Chicago and Great Western Railroad Company” 
immediately after the words, the “ LaSalle and Chicago Railroad 
Company,” whenever said last mentioned words occur in said ori¬ 
ginal ordinance; also by substituting the words, “department of 
public works,” in place of the words “ board of public works,” 
whenever said last mentioned words occur in said original ordi- 
nance; also by the insertion of the words “ or shall make any and 
all necessary extensions of viaducts already constructed,” imme¬ 
diately after the words, “ shall erect viaducts over its said tracks,” 
in section 4 of said original ordinance; also by the insertion of the 
words, “ such viaducts shall be so erected or so extended,” in place 
of the words, “ such viaducts shall be erected,” in section 4 of said 
original ordinance; also by adding to section 6 of said original or¬ 
dinance the following: “ or from the erection or extension of via¬ 
ducts over the tracks of said company, or the approaches thereto, 
or from any act or acts of the said company, under or by virtue of 
the provisions hereof; also by the insertion of the words, “the 
property upon which they respectively reside,” in place of the 
words, “ the property upon which they respectively now reside,” 
in section 10 of said original ordinance. 






8 


ORDINANCES. 


PART II. 


Chicago & Great Western R. R. Co.—Chicago. 

Section 2. That in addition to the permission and authority 
given and granted to said company, in and by said original ordi¬ 
nance, and still held by said company, to lay down tracks within 
said city, further permission and authority be and is hereby given 
and granted to said railroad company, to lay down, maintain and 
operate one or more railroad tracks with the necessary and con¬ 
venient side tracks, switches and appurtenances over, upon and 
along such property as it now holds, or has acquired the right to 
lay tracks upon, or which it may hereafter acquire by purchase, 
condemnation or otherwise, over, along and upon the following 
route: Commencing at the west line of said city of Chicago, at 
some convenient point to be selected by said railroad company, 
between West Twelfth street and the line of West Polk street, 
extended west to the city limits; thence to or near the tracks of 
the Pittsburgh, Cincinnati and St. Louis, and the Chicago and 
Northwestern Railroads; thence southerly and easterly and within 
six hundred (600) feet of the said last mentioned tracks to Wood 
street; thence easterly and between the tracks of the Chicago, 
Burlington and Quincy Railroad Company and the line of the al¬ 
leys running east and west through the tier of blocks bounded on 
the north by West Fifteenth street to Morgan street; thence east¬ 
erly and between the tracks of said Chicago, Burlington and Quincy 
Railroad, and the center line of the blocks bounded north by 
W right street, to or near Stewart avenue; thence by such curves 
as may be necessary, and northerly and easterly, and between Canal 
street and Fifth avenue to Van Buren street on the west side or 
Harrison street on the east side of the Chicago river; with a 
branch from said main line, at some convenient point between Rock¬ 
well and Leavitt streets, southerly to the city limits of the city of 
Chicago; Provided , however , that not more than two of said main 
tracks with switches and side-tracks shall be laid longitudinally in 
any street or streets upon said original route, and that said tracks 
shall all be laid as near as practicable to the north end of the via¬ 
ducts over Canal and Halsted streets and Blue Island and Centre 
avenues. 




I 3 ART II. 


ORDINANCES. 


9 


Chicago & Great Western R. R. Co.—Chicago. 

• 

Section 3. The said railroad company may cross any and all 
railroad tracks, streets, alleys and highways upon or along the line 
of said route, hut the permission and authority hereby granted, 
shall be subject to all limitations and conditions of the ordinance 
to which this is an amendment, except as the same may he expressly 
repealed by this amended ordinance. 

Section 4 . The proviso contained in section 10 of said original 
ordinance is hereby repealed, and in lieu thereof, it is hereby or¬ 
dained that the said original ordinance and this amended ordinance 
shall be null and void, unless the tracks of said company shall he 
constructed from the terminal station at or near Harrison street to 
the southern or western limits of said city within three (3) years 
from the passage of this amended ordinance; said three years to 
be exclusive of any and all delays arising from, or occasioned by 
legal proceedings against said company or by the acts of said city 
of Chicago, its officers, agents and servants. 


ACCEPTANCE of foregoing ordinance. 


Extract from records of the Chicago and Great Western Railroad 
Co. 

Pursuant of due notice, the Board of Directors of the Chicago 
and Great Western Railroad Company, met at the office of said 
company in the City of Chicago at twelve o’clock noon of Wednes¬ 
day the first day of July, A. D. eighteen hundred and eighty-five, 
a quorum for the transaction of business being present, the follow¬ 
ing resolution was unanimously passed: 

Voted, That the Chicago and Great Western Railroad Company 
do, and it hereby does formally accept of and assent to the provis¬ 
ions of a certain ordinance of the City Council of the City of Chi- 
cao-o entitled “ An ordinance to amend an ordinance entitled 
t Yu ordinance concerning the La Salle and Chicago Railroad Com¬ 
pany ’ passed May 13tli, A. 1). 1872,” which said ordinance was 
duly passed on the eleventh day of May, A. D. 1885, and was there¬ 
after duly approved by the Honorable Carter H. Harrison, Mayor of 




10 


ORDINANCES. 


PART II. 


Chicago & Great Western R. R. Co.—Chicago. 

said city of Chicago, and the Assistant Secretary of this Corpora¬ 
tion is hereby authorized and requested to file with the City Clerk 
of said City of Chicago a duly certified copy of this resolution, at¬ 
tested by his hand and the seal of this corporation. 

A true record. 

Attest : 

Howard Morris, 

Assistant Secretary, Chicago and Great Western Railroad Com¬ 
pany. 


State or Illinois, ) 

County of Cook, f ss * 

I, Howard Morris, Assistant Secretary of the Chicago and Great 
Western Railroad Company, do hereby certify that the above and 
foregoing transcript from the records of said corporation, has been 
by me carefully compared with the original record uoav in my 
custody and under my control as such officer of said Railroad Com¬ 
pany, and that the same is a true and correct copy thereof. 

In Witness whereof, I have hereunto set my hand and affixed 
the corporate seal of said Chicago and Great Western Railroad 
Company this first day of July, A. D. Eighteen hundred and eighty- 
five. 

[seal.] , Howard Morris, 

Assistant Secretary Chicago and Great Western Railroad Com¬ 
pany. 

Filed in the office of the City Clerk of the City of Chicago, July 
6th, 1885. 




PART II. 


11 


ORDINANCES. 


AN ORDINANCE 

Directing the Construction of a Viaduct oyer the Tracks of 
the Chicago and Great Western Railroad Company and 
Fifth Avenue—on Polk Street—and the Change 
of the Height of Polk Street Bridge, 
and the Grade of the Street made 

NECESSARY THEREBY. 

[Passed March 21, 1887.] 

Be it ordained by the City Council of the City of Chicago : 

Sec. 1 . That, whereas, by ordinance passed May 13 , 1872 , en¬ 
titled “An ordinance concerning the LaSalle and Chicago Railroad 
Company,” and an ordinance amendatory thereof, passed May 11, 
1885, it is provided that the La Salle and Chicago Railroad Com¬ 
pany (now the Chicago and Great Western Railroad Company) 
shall erect such viaducts over its tracks on any street which may 
be crossed by its said tracks, when and as the department of public 
works or the city council may require, with a provision that said 
company shall not be required to erect more than two of such via¬ 
ducts in any one year; and 

Whereas, Said company is constructing its road across Polk 
street, west of Fifth avenue, and adjacent thereto; and, 

Whereas, Said company has made certain changes in the via¬ 
duct over Halsted street and Blue Island avenue, which changes are 
not equivalent to the construction of new viaducts; 

Therefore, said Chicago and Great Western Railroad Company 
is, hereby, directed and required to commence, within fifteen (15) 
days from the passage hereof the construction of a viaduct over its 
proposed tracks which cross Polk street, between Fifth avenue and 
the Chicago river, and over Fifth avenue, making all necessary 
changes in elevation and grades of Polk street and Polk street 
bridge, all in conformity to plans and speci fications therefor, now 
on file in the office of the city engineer. 






12 


ORDINANCES. 


PART II. 


Chicago & Great Western R. R. Co.—Polk St. 


ACCEPTANCE of tiie Eoregoing Ordinance. 

To the City of Chicago: 

The Chicago and Great Western Railroad Company hereby 
accepts of the provisions of an ordinance adopted by the City 
Council of the City of Chicago on the twenty-first day of March, 
A. D. 1887, entitled “ An ordinance directing the construction 
of a viaduct over the tracks of the Chicago and Great Western 
Railroad Company and Fifth avenue, on Polk street, and the 
change of the height of Polk street bridge and the grade of the 
street made necessary thereby.” 

The Chicago and Great Western Railroad Company. 

By D. S. Wegg, 

General Solicitor. 

Filed in the Office of the City Clerk of the City of Chicago, 
March 22d, 1887. 




PART II. 


ORDINANCES. 


13 


AN ORDINANCE 

Providing for Changes in the Approach to the Polk Street 

YIADUCT. 

[Passed June 11, 1888.] 

Be it ordained by the City Council of the City of Chicago: 

Sect. 1. Whereas, The Chicago and Great Western Rail¬ 
road Company was granted certain rights and privileges by virtue 
of an ordinance of the City of Chicago, passed on the eleventh day 
of May, A.D. 1885; and 

Whereas, Under the said ordinance the said Chicago and Great 
Western Railroad Company assumed certain obligations, therein 
enumerated, concerning viaducts over its tracks at street crossings; 
therefore, 

Be it ordained by the City Council of the City of Chicago : 

That the Chicago and Great Western Railroad Company are 
hereby authorized to erect and complete, within five months from 
the passage of and acceptance of this ordinance, a good and sufficient 
viaduct, on Polk street, over the tracks of the said Chicago and 
Great Western Railroad Company, with an approach from Polk 
street upon their own property, as specified in the plans and speci¬ 
fications. 

Sec. 2. That the said viaduct shall be constructed and erected 
under the supervision and control of the Commissioner of Public 
Works, in accordance with plans and specifications drawn by the 
City Engineer of the City of Chicago, and approved by and filed 
with the Commissioner of Public Works, the eleventh day of June, 
A. D. 1888. 

Sec. 3. That the Commissioner of Public Works is, hereby, 
authorized and empowered to make all changes in the height of the 
Polk street bridge necessary to conform to the plan and specifica¬ 
tions for the construction and completion of said viaduct at Polk 
street. 






14 


ORDINANCES. 


PART II. 


Chicago & Great Western R. R. Co.—Polk St. 

Sec. 4. That the grade, at the points herein designated, be and 
the same is hereby established as follows : 

Grade at Polk street, west line of Fifth avenue 29.3. 

At 120 feet west of the west line of Fifth avenue, 29.3. 

At 288 feet west of west line of Fifth avenue, 24.5. 

At east end of Polk street bridge, 23.5. 

At twenty feet west of west end of bridge, 23.5. 

At east line of Ellsworth street, 19.5. 

Sec. 5. The Chicago and Great Western Railroad Company 
shall pay the entire cost of the construction and completion of said 
viaduct over its tracks on Polk street and shall, also, pay the en¬ 
tire cost of the approach from Polk street, on its own property, 
and shall, also, pay the entire cost that may accrue by reason of 
changing the height of Polk street bridge, and shall, also, pay the 
entire cost of changing the grade of Polk street and Fifth avenue; 
and, the said Chicago and Great Western Railroad Company shall, 
forever, indemnify and save harmless the City of Chicago against 
and from any and all damages, including land damages, judgments, 
decrees, costs and expenses of the same which it may suffer or 
which may be recovered or obtained against said city for or by 
reason of, or growing out of or resulting from, the passage of this 
ordinance or with the exercise, by said company, of the privileges 
hereby granted, or from the construction of said viaduct and the 
approach for said Polk street, aforesaid, or from said changes in the 
height of Polk street bridge, or from the changes in the grade of 
Polk street and Fifth avenue. 

Sec. 6 . The permission and authority are, hereby, given upon 
the express understanding and agreement that the said Chicago and 
Great Western Railroad Company shall, in their written accept¬ 
ance of this ordinance, agree to pay the sum of sixty thousand dol¬ 
lars towards the cost of constructing an approach from the present 
terminus of Fifth avenue, at the south side of Taylor street, to 
Twelfth street. Ail payments, under the provisions of this 
ordinance, to be made by the Chicago and Great Western 
Railroad Company shall be made upon certificates drawn and 






PART II. 


ORDINANCES. 


15 


Chicago & Great Western R. R. Co.—Polk St. 

approved by the Commissioner of Public Works, as the work 
progresses. 

Sec. 7. The city of Chicago, by the passage of this ordinance, 
waives no rights and privileges that it may have, by virtue of any 
ordinances heretofore passed in relation to viaducts and approaches 
thereto, at streets intersecting the tracks of the Chicago and Great 
Western Railroad Company, but, it is expressly agreed that, upon 
the performance of the conditions of this ordinance, the said Chi¬ 
cago and Great Western Railroad Company shall be released from 
any further obligations concerning viaducts on and approaches to 
Polk street, save and except their proper charges for the mainte¬ 
nance of said viaduct and approach herein authorized. 

Sec. 8. This ordinance shall take effect and be in force from 
and after its acceptance, in writing, by said company; Provided , 
however , that, unless said acceptance shall be filed with the city 
Clerk within thirty days of the passage hereof this ordinance shall 
be null and void. 

ACCEPTANCE of the foregoing Ordinance. 

Extract from Records of Chicago and Great Western Railroad 
Company. 

A special meeting of the Directors of the Chicago and Great 
Western Railroad Company was held, after due notice to all the 
Board, in the office of the Company at Room Four hundred and 
fifteen (415), number one hundred and sixty-four (1(>4) Dearborn 
street, in the City of Chicago and State of Illinois, on the four¬ 
teenth (14th) day of June, A. D. eighteen hundred and eighty- 
eight (1888)—a quorum of the Board, to wit: five out of eight mem¬ 
bers thereof, was present for the transaction of business, the reso¬ 
lutions hereinafter set forth were unanimously passed by said Board 
of Directors, and were then submitted to, and unanimously ratified 
by the Stockholders of said Chicago and Great Western Railroad 
Company, duly convened, all the stock being represented in person 
or by proxy, duly filed Avith the secretary prior to said meeting: 




16 


ORDINANCES. 


PART II. 


Chicago & Great Western It. It. Co.—Polk St. 

Said resolutions are as follows: 

“ Whereas, the Common Council of the City of Chicago, on the 
eleventh day of June, A. D. 1888, passed, and the Honorable the 
Mayor of said City of Chicago, on the fourteenth day of June, A. D. 
1888, approved, a certain ordinance relating to the construction of 

4 

a viaduct over Polk street within said City of Chicago, and to other 
matters a certified copy of which said ordinance is hereunto sub¬ 
mitted, and ordered to be entered on the record of this meeting; 
Now, Therefore, 

Voted, That this corporation do, and it hereby does, accept the 
said ordinance and each and every part and provisions thereof, and 
obligate itself to be bound by and in all respects conform with the 
provisions of the same, and that this corporation do, and it hereby 
does agree to pay the sum of Sixty Thousand ($60,000) Dollars to¬ 
wards the cost of constructing an approach from the present termi¬ 
nus of Fifth Avenue at the south side of Taylor street to Twelfth 
street, upon certificate drawn and approved by the Commissioner 
of Public Works of the City of Chicago as the work progresses.” 

Voted, That the General Solicitor of this corporation be and he 
is hereby directed to forthwith file a duly certified copy of the fore¬ 
going resolutions, under the seal of this corporation, with the City 
Clerk of the City of Chicago as the formal acceptance by this cor¬ 
poration of said ordinance above mentioned, and each and every 
part and provision thereof. 

A true record. 

Attest : 

Howard Morris, 
Assistant Secretary. 


State of Illinois, ) 

County of Cook. ( SlS * 

I, Howard Morris, Assistant Secretary of the Chicago and Great 
Western Railroad Company, do hereby certify that the foregoing is 
a true and correct extract from the records of the Chicago and 
Great Western Railroad Company, and that the said resolutions 




PART II. 


ORDINANCES. 


17 


Chicago & Great Western R. R. Co.—Polk St. 

were adopted at a special meeting of said corporation pursuant of 

law. 

Witness my hand and the corporate seal of said Chicago and 
Great Western Railroad Company this* fourteenth (14th) day of 
June, A. I). Eighteen hundred and eighty-eight. 

Howard Morris, 

[seal.] Assistant Secretary, 

Chicago and Great Western R. R. Co. 
Filed in the office of the City Clerk of the City of Chicago June 
14th, 1888. 




ORDINANCES. 


PAllT II. 


18 


AN ORDINANCE 

Granting right or way to the Chicago and Great Western 

Railroad Company. 

[Passed September 5th, 1885.] 

Be it ordained by the Board of Trustees of the Toivn of Cicero: 

Section 1 . That permission and authority he and the same are 
hereby granted to the Chicago and Great Western Railroad Com¬ 
pany, its grantees, lessees, successors and assigns, to lay down, 
maintain and forever use and operate with steam power one or 
more railroad tracks with the necessary side tracks, switches and 
appurtenances over, upon and along such property as it now holds 
or which it may hereafter acquire by purchase, condemnation or 
otherwise on the following routes, that is to say: Commencing at 
the east boundary line of said Town of Cicero at some convenient 
point to be selected by said Railroad Company between the north 
line of West Twelfth street and the south line of West Polk street, 
extended west to the City Limits of Chicago, thence west and 
westerly through Section Fifteen, Town Thirty-nine North, Range 
Thirteen east of the Third P. M., between the North line of West 
Twelfth and the South line of West Polk Streets, extended west 
through said Section Fifteen, thence through that part of Section 
Sixteen in said Town and Range lying south of the abandoned Right 
of Way of the St. Charles Air Line Railroad, thence through the 
south half of Section Seventeen in said Town and Range and the 
south three-quarters of Section Eighteen in said Town and Range to 
the west line of said Town of Cicero. 

Also another line upon the following route, that is to say: 
Commencing at some convenient point to be selected by said Rail¬ 
road Company on the line of the Illinois and Michigan Canal on 
the east half of Section Thirty-six, in Town Thirty-nine North, 
Range Thirteen, in said Town of Cicero,and running thence southerly 



six lying south of said Illinois and Michigan Canal. And also, at 






PART II. 


ORDINANCES. 


19 


Chicago & Great Western R. R. Co.—Cicero. 

any and all times hereafter, to lay down upon adjoining lands 
which it may acquire, and maintain and forever use such switches, 
sidings, turnouts, yards and track connections with any railroad 
now or hereafter constructed. 

And for said purposes the right is hereby granted to cross with 
said tracks all of the streets, highways, alleys and railroad tracks 
upon or along the line of said routes, switches, sidings, turnouts, 
yards and track connections. 

Section 2. Permission is also hereby granted to the said Chi¬ 
cago and Great Western Railroad Company, its grantees, lessees, 
successors and assigns, to erect and forever maintain and use a tele¬ 
graph line consisting of one or more lines of wire, with necessary 
poles along said lines of said Railroad Company, on the different 
routes hereinbefore designated. One (1) wire shall be furnished 
and attached to the telegraph poles of the Company for the ex¬ 
clusive use of the Town Officials of the Town of Cicero, when so 
ordered by the Town, as a telephone wire, the original and actual 
cost of the wire, as also the cost of maintenance of same, to be 
paid by the Town, as and when the material is furnished and the 
expenses are incurred by the Railroad Company. 

Section 3. Said Railroad Company, its grantees, lessees, and 
successors, shall keep and perform all laws and ordinances oblig¬ 
atory and binding upon it to be kept and performed pertaining to 
the management, regulation and control of Railroad and Telegraph 
Companies, and also in respect to ditches, drains and sewers, and 
the suitable and proper maintenance of street and railway cross¬ 
ings and the proper police and health regulations of said Town. 

Section 4. A ditch on the north side of said track or tracks 
shall be constructed and maintained by said Company so as to con¬ 
stitute perfect drainage into the ditches and sewers running north 
and south under said Right of Way, and good, well built stone 
culverts, at least six feet in width shall be constructed by said 
Railroad Company free of expense to the Town where the Right of 
Way crosses the west ditch on 40th Street, also culverts of like 
character into the west ditches at 48th Street, Robinson Avenue, 







20 


ORDINANCES. 


PART II. 


Chicago & Great Western It. R. Co.—Cicero. 

Central Avenue, Ridgeland, Oak Park, Austin Avenues and east 
side of Harlem Avenue, and good, substantial rests shall also be 
laid across the sewers on Ridgeland and Oak Park Avenues so as 
to protect said sewers from damage by the running of trains, and 
wherever said Town shall decide to cross said Right of Way either 
by the extension of avenues, streets or alleys now existing, or by 
the opening of new ones, and culverts shall be necessary for suita¬ 
ble drainage, it shall be the duty of said Company to construct 
such culverts at its own expense promptly upon being notified to 
do so. 

Section 5. Be it further ordained that when the Town of Cic¬ 
ero shall deem it necessary to open new or extend old streets, av¬ 
enues or alleys in said Town, across the Right of Way of said Rail¬ 
road Company, except in Section Sixteen, and that part of Section 
Fifteen lying west of the Belt line, it, said Town, shall have the 
right to do so free of charge or expense, and for that purpose shall 
have the right to enter upon the Right of Way of said Railroad 
and construct crossings thereon, which crossings, when so con¬ 
structed, together with all crossings of streets, avenues or alleys 
made by said Company in constructing its road, shall be kept in 
good order and repair free of expense to the Town. Nothing in 
this ordinance contained shall be construed to permit said road to 
occupy any avenue, street or alley lengthwise that is shown upon 
any plat of any part of the Town. 

Section 6. Further, all the foregoing rights, privileges and 
franchises are hereby expressly granted upon condition that said 
road is fully completed east and west through said town within 
three years from the date of this ordinance, and in case the same 
shall not be done, said Town shall have full right and power to 
enter upon the Right of Way of said Company within said Town 
where the same crosses or occupies any avenue, street, alley or 
other public place, and remove all rails, ties, road bed or anything 
appertaining or belonging thereto, and restore said avenues, 
streets, alleys or places to their first and former condition, and the 
right of said Company to all the rights and privileges herein 




PART II. 


ORDINANCES. 


21 


Chicago & Great Western R. R. Co.—Cicero. 

granted shall at once cease and determine, and this ordinance be¬ 
come null and void. 

Section 7. This ordinance shall be in full force and effect from 
and after its passage. 


ACCEPTANCE of the foregoing Ordinance. 


Chicago, September 5th, 1885. 

To the Board of Trustees of the Town of Cicero: 

The Chicago and Great Western Railroad Company hereby 
accepts the ordinance passed by your honorable body this day, 
granting certain rights and privileges to the Company. 

Chicago and Great Western R. R. Co. 

By D. F. Cameron, 

Its Atty. 


Filed in the office of the Town 
September 5th, 1885. 


Clerk of the Town of Cicero, 




22 


ORDINANCES. 


PART II. 


RESOLUTION 

of the Board of Trustees of the Town of Cicero Vacating 

PART OF THE BARRY POINT ROAD. 

[Passed July 16tli, 1887.] * 

W hereas, It is desirable to construct a highway from the inter¬ 
section of the Barry Point Road with Forty-sixth street to Harlem 
Avenue in as direct a manner as practicable, and 

Whereas, that portion of the Barry Point Road lying between 
Forty-Eighth Street and Twelfth Street has long since been aban¬ 
doned as a highway, and the part lying between Belt Line Avenue 
and Hyman Avenue, has become dangerous and will continue to 
grow more so each year, owing to the fact that it crosses the main 
tracks and switches of the Chicago and Great Western Railroad 
Company at an acute angle, and 

Whereas, The Chicago and Gt. Western Railroad Company ap¬ 
preciating the dangerous nature of the aforesaid crossing, and wish¬ 
ing to avoid the same has agreed to dedicate to the Town for the 
purpose of a highway a strip of land sixty-six (66) feet wide lying- 
north of its tracks and running east and west, and put the same in 
good condition for travel as per agreement on condition that the 
aforesaid dangerous part of the Barry Point Road be vacated, and 

Whereas, The School Trustees of section sixteen (16) have 
agreed to dedicate a strip of land of the aforesaid width through 
such section for the same purpose connecting with the strip given 
by the Railroad, and 

Whereas, It is the intention of the Town of Cicero to acquire 
a like strip of land from termination of the strip through section 
sixteen to the Proviso line through proper legal proceedings or 
otherwise, the same to be used as a highway, now therefore; 


* This resolution vacating part of a Street required a three-fourths vote of all the 
members of the Board. It passed by a unanimous vote of all the members elected. 







PART II. 


ORDINANCES. 


23 


C. & G. W. R. R. Co.—Vacating Barry Point Road, Cicero. 

Be it resolved by the Board of Trustees of the Town of Cicero in 
meeting assembled: 

That that part or portion of the Barry Point Road lying 
between Belt Line Avenue and Hyman Avenue be and the same is 
hereby vacated. 





24 


ORDINANCES. 


FART II. 


AN ORDINANCE 

i 

To Authorize the Chicago and Great Western Railroad Com¬ 
pany to Construct, Maintain and Operate its Railway at 

GRADE OYER AND ACROSS THE BOULEVARD UNDER THE CON¬ 
TROL or Jurisdiction of the West Chicago Park 
Commissioners, running from Garfield 

Park to Douglas Park. 

[Passed February 13th, 1886.] 

Be it ordained by the West Chicago Park Commissioners: 

Section 1. The Chicago and Great Western Railroad Company, 
its successors and assigns, is hereby authorized and empowered to 
construct, maintain and operate a double track railway not to ex¬ 
ceed thirty-three feet in width over and across the boulevard con¬ 
necting Garfield Park and Douglas Park in the City of Chicago 
and now know as Douglas Boulevard, at the present grade of said 
Boulevard, at a point to be selected by said Railroad Company, its 
successors or assigns, between the lines of Fillmore Street and 
West Taylor Street, produced Westerly. 

Section 2. Whenever said Railroad Company shall desire to 
lay its tracks across said Douglas Boulevard, it shall notify the 
Secretary of said Board of Park Commissioners of its intention so 
to do, and shall open the driveway for that purpose under the 
superintendence of the Park Board, and shall, after the laying of 
its tracks across said Boulevard restore said driveway, as near as 
practicable, to the condition in which the same was before said 
opening and with as little delay as practicable, and forever main¬ 
tain the same in good condition for boulevard purposes. 

Section 3. This ordinance is granted by said Board and ac¬ 
cepted by said railroad Company on the express condition that said 
railroad Company, its successors and assigns, shall, at its own sole 
expense, erect, maintain, manage and operate, in such manner as 
the Board may require, suitable guards or gates at said crossing to 





PART II. 


ORDINANCES. 


25 


Chicago & Great Western It. R. Co.—West Park. 


be erected under the superintendence of the Park Board, 
whenever and as soon and for such period as the Park Board may 
direct. 

Section 4. This ordinance is granted by said Board and ae- 

O *- 


cepted by said Railroad Company on the express condition that the 
said Railroad Company shall build all ditches or culverts necessary 
to the proper drainage of the whole of said Boulevard at the place 
where the said railroad crosses the same, and to keep them in good 
and safe condition and repair under the direction of the said West 
Chicago Park Commissioners. 

Section 5. This ordinance is granted by said Board and ac¬ 
cepted by said Railroad Company on the express condition that the 
said Board of West Chicago Park Commissioners reserves all of its 
police and other rights in regard to the control and management of 
the right of way hereby granted by the said Board across the said 


Boulevard. 

Section (i. This ordinance is granted by the said Board and ac¬ 
cepted by the said Railroad Company on the express condition that 
the said Railroad Company will not at any time build any switches 
or side-tracks within Two Hundred feet of the East and A est line 
of said Boulevard. 

Section 7. This ordinance is gTanted by said Board and ac¬ 
cepted by said Railroad Company on the express condition that the 
said Railroad Company shall, at any time after the expiration of 
ten years from the passage of this ordinance, whenever said Board 
or the Legislature of the State of Illinois shall ha\e prescribed a 
uniform system of viaducts over railroads crossing boulevards, and 
whenever thereafter, in the opinion of said Boaid the construction 
of a viaduct by said Railroad Company shall be required by public 
necessity, construct and maintain at its sole expense a viaduct and 
its necessary approaches over its said tracks according to plans and 
specifications to be approved by said Board and undci the superin¬ 
tendence of said Board. 

Section 8. All ordinances or parts of ordinances in conflict 
with the provisions of this ordinance or any of them are hereby re- 




ORDINANCES. 


PART II. 


20 


Chicago & Great Western R. R. Co.—West Park. 

pealed, and this ordinance shall take effect and be in force from and 
after its passage. 


ACCEPTANCE or tiie foregoing Ordinance. 

The foregoing ordinance, together with the terms and conditions 
therein imposed, is hereby accepted by the Chicago and Great 
Western Railroad Company, by its Vice President, Edwin H. 
Abbot, specially authorized to accept the same, who has written 
his name upon each sheet of said ordinance. 

Chicago and Great Western Railroad Co. 

By Edwin H. Abbot, 

Vice President. 

Filed in the office of the Secretary of the West Chicago Park 
Commissioners, February 13, 188(1. 





PART II. 


ORDINANCES. 


27 


AN ORDINANCE 

Relating to Taylor Street Viaduct and other matters. 

[Passed June loth, 1891.]* 

Be it ordained by the City Council of the City of Chicago: 

Section One. That a viaduct shall he erected oil Taylor Street 
over the tracks of the Chicago and Northern Pacific Railroad Com¬ 
pany between the east bank of the Chicago River and the west line 
of Fifth Avenue, with a connection with the present approach to 
Polk Street viaduct, in accordance with plan filed in the office of 
the Commissioner of Public Works, June 15th, 1891; and with de¬ 
tailed plans and specifications to be approved by the Commissioner 
of Public Works, said viaduct and connection to be of wood and 
iron and to be replaced within five years from the date of the pas¬ 
sage of this ordinance by a structure of stone and iron in accordance 
with plans and specifications to be approved by the Commissioner 
of Public Works; provided, however , that said Chicago and Northern 
Pacific Railroad Company will give an easement in perpetuity over 
its lands for the purpose of constructing and maintaining said via¬ 
duct and connection, and will pay the cost of constructing said via¬ 
duct and connection, and said new or replaced viaduct and connec¬ 
tion upon warrants drawn by the Commissioner of Public Works 
as the work progresses. 

Section Two. That a viaduct shall be erected from the west 
abutment of the proposed Fourteenth Street bridge to the center 
line of Dodge Street, in accordance with plans and specifica¬ 
tions filed in the office of the Commissioner of Public Works June 
15th, 1891; Provided , however , that the Chicago and Northern Pacific 
Railroad Company will give an easement in perpetuity over its land 
for the construction and maintenance of said viaduct and will pay 
the cost of constructing said viaduct upon warrants drawn by the 

* As this ordinance provided for the vacation of streets and alleys, it required 
the assent of three-fourths of all the aldermen elected. It passed by the following 
vote : yeas 62, nays 1. 








ORDINANCES. 


PART II. 


28 


Chicago & Northern Pacific R. R. Co.—Taylor St. 


Commissioner of Public Works as the work progresses, said viaduct 
including the pier thereunder at the west side of the Chicago River. 

Section Three. That the amount to be paid by the Chicago and 
Northern Pacific Railroad Company toward the cost of construct¬ 
ing the Ogden Avenue viaduct is hereby adjusted at the sum of 
forty-sixty thousand dollars ($46,000.00), to be paid by said railroad 
company upon warrants drawn by the Commissioner of Public 
Works as the work progresses; and said Chicago and Northern Pa¬ 
cific Railroad Company is hereby directed and will by accepting 
this ordinance agree to save and keep harmless the City of Chicago 
from all damages resulting from the construction of the east ap¬ 
proach of said Ogden Avenue viaduct; and the Campbell Avenue 
approach to said viaduct is hereby abandoned, and the Commis¬ 
sioner of Public Works is hereby directed to discontinue the work 
on said Campbell Avenue approach. 

Section Four. That the Streets and alleys in that part of the 
Canal Addition to the City of Chicago lying east of the west line 
of Dodge Street, north of the south line of Fourteenth Street, south 
of the south line of Twelfth Street, and west of the Chicago River, 
be, and the same hereby are, vacated. 

Section Five. That the obligations imposed upon and the priv¬ 
ileges granted to said Chicago and Northern Pacific Railroad Com¬ 
pany, as the successor of the Chicago and Great Western Railroad 
Company (formerly known as the LaSalle and Chicago Railroad 
Company) by an ordinance entitled “ An ordinance concerning' the 
LaSalle and Chicago Railroad Company,” passed May 13th, 1872, 
and the ordinance amendatory thereof, passed May 11th, 1885, are 
hereby declared to be in full force and effect to the southern limits 
of the City of Chicago, as they now exist, but upon the same pro¬ 
visions and conditions as are contained in the said ordinance as 
amended as aforesaid as if they were inserted herein. 

Section Six. That upon the acceptance of this ordinance and the 
performance of the obligations herein, and by such acceptance im¬ 
posed upon it, the said Chicago and Northern Pacific Railroad Com¬ 
pany shall be relieved from all further obligations in reference to 




PART II. 


ORDINANCES. 


29 


Chicago & Northern Pacific R. R. Co.—Taylor St. 

viaducts and approaches thereto at Taylor Street, Ogden Avenue 
and Fourteenth Street. 

Section Seven. That this ordinance shall take effect and be in 
force from and after its passage and acceptance by said Chicago and 
Northern Pacific Railroad Company; Provided , however , that the 
acceptance of this ordinance by said Railroad Company shall be 
considered, and is hereby declared to he a contract on the part of 
said Chicago and Northern Pacific Railroad Company to perform the 
obligations herein imposed upon it, and the performance of said ob¬ 
ligations by said Chicago and Northern Pacific Railroad Company is 
hereby declared to be the consideration for the rights, privileges 
and property herein conferred upon said railroad company. 

ENDORSEMENT on foregoing Ordinance. 

Approved as an adjustment of Taylor Street Viaduct controversy 
and other matters therein referred to. 

J. Frank Aldrich, 

Comr. Pub. Whs. 

John S. Miller, 

Corporation Counsel. 

ACCEPTANCE of the foregoing Ordinance. 

June 17th, 1871. 

Janies R. B. Van Cleave , Esq., City Clerk of the City of Chi- 

cago: 

Dear Sir : The Chicago and Northern Pacific Railroad Company 
hereby accepts the ordinance passed by the City Council of the 
City of Chicago on Monday the 15th day of June, A. D. 1891, re¬ 
latino- to the construction of viaducts at Taylor and Fourteenth 
Streets and Ogden Avenue, and all the terms, conditions, restric¬ 
tions, obligations, grants, benefits and privileges therein con¬ 
tained. 

In Witness Whereof, the Chicago and Northern Pacific Railroad 
Company has caused this acceptance to be executed by its Presi- 




ORDINANCES. 


PART II. 


30 


Chicago & Northern Pacific R. R. Co.—Taylor St. 

dent, and its corporate seal to be hereunto attached, attested by its 
Secretary, the day and year first above written. 

Chicago and Northern Pacific Railroad Company, 

By D. S. W EGG, 

[seal.] President. 

Attest : 

PI. S. Boutell, 

Secretary. 

Piled in the office of the City Clerk of the City of Chicago, June 
17th, 1891. 





PART II. 


31 


ORDINANCES. 


AN ORDINANCE 

Repealing an Ordinance relating to Taylor Street Viaduct 
AND OTHER MATTERS. PASSED JUNE 1 5tII, 1891. 

[Passed June 25th, 1891.]* 

Be it ordained by the City Council of the City of Chicago: 

Section 1 . That an ordinance passed June 15th, 1891, con¬ 
cerning the erection of a viaduct on Taylor street, over the tracks 
of the Chicago, Northern and Pacific Railroad Company, and a 
viaduct at the Fourteenth street bridge, and concerning the amount 
to be paid by the said Chicago, Northern and Pacific Railroad 
Company toward the cost of erecting the Ogden avenue viaduct; 
also concerning the vacation of the streets and alleys in that part 
of the Canal Addition to the City of Chicago, lying east of the east 
line of Dodge street, north of the south line of Fourteenth street, 
south of the south line of Twelfth street, and west of the Chicago 
River; also concerning the obligations imposed upon and the priv¬ 
ileges granted to the Chicago, Northern and Pacific Railroad Com- 
pany by an ordinance entitled “ An Ordinance concerning the La 
Salle and Chicago Railroad Company,” passed May 13, 1872, and 
the ordinance amendatory thereof, passed May 11, 1885, and all 
other matters and things in said ordinance contained, be and the 
same are hereby repealed and declared to be of no further force 
and effect. 

Sec. 2. This ordinance shall be in force from and after its pas¬ 
sage. 

O 


* The vote on this ordinance was yeas 55, nays 5. 








32 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Relating to Taylor Street viaduct and other matters. 

[Passed July 20, 1891.]* 

Be it ordained by the City Council of the City of Chicago: 

Section 1. That a viaduct shall be erected on Taylor street 
over the tracks of the Chicago and Northern Pacific Railroad 
Company between the east bank of the Chicago River and the 
west line of Fifth avenue, with a connection with the present 
approach to Polk street viaduct in accordance with plan 
filed in the office of the Commissioner of Public Works, June 
15, 1891; and with detailed plans and specifications to be ap¬ 
proved by the Commissioner of Public Works, said viaduct and 
connection to be of wood and iron, and to be replaced within 
five years from the date of the passage of this ordinance by a 
structure of stone and iron, in accordance with plans and specifi¬ 
cations to be approved by the Commissioner of Public A orks, 
provided, hoivever, that said Chicago and Northern Pacific Rail¬ 
road Company will give an easement in perpetuity over its land 
for the purpose of constructing and maintaining said viaduct and 
connection, and will pay the cost of constructing said viaduct and 
connection and said new or replaced viaduct and connection upon 
warrants drawn by the Commissioner of Public Works as the work 
progresses. 

Sec. 2. That a viaduct shall be erected from the west abut¬ 
ment of the proposed Fourteenth street bridge to the center line 
of Dodge street, in accordance with plans and specifications filed 
in the office of the Commissioner of Public Works June 15, 1891; 
provided, hoivever, that the Chicago and Northern Pacific Railroad 
Company will give an easement in perpetuity over its land for the 
construction and maintenance of said viaduct, and will pay the 
cost of constructing said viaduct upon warrants drawn by the Com- 

* The vote on this ordinance was yeas 61, nays 3. It is identical with the ordi¬ 
nance of June 15th, ante, with the exception of the insertion of the proviso at the 
end of Section 5 and the omission of the provisions in Section 3, relating to the 
Campbell Avenue approach. 






PART II. 


ORDINANCES. 


33 


Chicago & Northern Pacific R. R. Co.—Taylor St. 

missioner of Public Works as the work progresses, said viaduct in¬ 
cluding the pier thereunder at the west side of the Chicago River. 

Sec. 3. That the amount to be paid by the Chicago and Northern 
Pacific Railroad Company toward the cost of constructing the 
Odgen avenue viaduct is hereby adjusted at the sum of forty 
thousand dollars ($40,000), to be paid by said railroad company 
upon warrants drawn by the Commissioner of Public Works as the 
work progresses; and said Chicago and Northern Pacific Railroad 
Company is hereby directed, and will by accepting this ordinance 
agree to save and keep harmless the City of Chicago from all dam¬ 
ages resulting from the construction of the east approach of said 
Odgen avenue viaduct. 

Sec. 4. That the streets and alleys in that part of the Canal 
Addition to the City of Chicago, lying east of the west line of 
Dod<>’e street, north of the south line of Fourteenth street, south 
of the south line of Twelfth street and west of the Chicago River, 
lie and the same are hereby vacated. 

Sec. 5. That the obligations imposed upon and the privileges 
Granted to said Chicago and Northern Pacific Railroad Company as 
the successor of the Chicago and Great Western Railroad Company, 
(formerly known as the La Salle and Chicago Railroad Company), 
by an ordinance entitled “ An Ordinance concerning the La Salle 
and Chicago Railroad Company,” passed May 13, 1872, and the 
ordinance amendatory thereof, passed May 11, 188o, are hereby 
declared to be in full force and effect to the southern limits of the 
City of Chicago as they now exist, but upon the same provisions 
and conditions as are contained in the said ordinance as amended 
as aforesaid as if they were inserted herein; provided, however , 
that said Chicago and Northern Pacific Railroad Company shall not 
charge more than a five (5) cent fare upon suburban trains between 
Harrison street depot and the city limits at Ninety-fifth street and 
all intermediate stations, tickets for said fare to be purchased in 

packages of not less than twenty-five (25). 

Sec. (i. That upon the acceptance of this ordinance and the 
performance of the obligations herein, and by such acceptance im- 






u 


ORDINANCES. 


PART II. 


Chicago & Northern Pacific R. R. Co.—Taylor St. 

posed upon it, the said Chicago and Northern Pacific Railroad Com¬ 
pany shall be relieved from all further obligations in reference to 
viaducts and approaches thereto at Taylor street, Odgen avenue 
and Fourteenth street. 

Sec. 7. That this ordinance shall take effect and be in force 
from and after its passage and acceptance by said Chicago and 
Northern Pacific Railroad Company; provided, however , that the 
acceptance of this ordinance by said railroad company shall be 
considered, and is herby declared to be, a contract on the part 
of said Chicago and Northern Pacific Railroad Company to per¬ 
form the obligations herein imposed upon it, and the perform¬ 
ance of said obligations by said Chicago and Northern Pacific 
Railroad Company is hereby declared to be the consideration for 
the rights, privileges and property herein conferred upon said 
railroad company. 




PART II. 


ORDINANCES. 


35 


AN ORDINANCE 

lo amend Section 5 of an ordinance relating to the adjust¬ 
ment OF 1AYLOR STREET VIADUCT AND OTHER MATTERS 

passed July 20, A. D. 1891. 

[Passed September 14, 1891.]* 

Be it ordained by the City Council of the City of Chicago: 

Section 1 . That Section 5 of an ordinance relating to Taylor 
street viaduct and other matters passed July 20th, A. D. 1891, be and 
the same is hereby amended by striking out in the proviso at the 
close of said Section 5, the words: “The city limits at Ninety- 
fifth street,” and by inserting in lieu thereof, the words: “Forty- 
seventh street.” 

Sec. 2. This ordinance shall be in full force and effect from 
and after its passage. 


ACCEPTANCE of the foregoing Ordinances. 

Chicago, September 17th, A. D. 1891. 
James B. B. Van Cleave , Esq., City Clerk of the City of Chi¬ 
cago : 

Dear Sir: The Chicago and Northern Pacific Railroad Company 
hereby accepts the ordinance passed by the City Council of the City 
of Chicago on the twentieth day of July, A. D. 1891, relating to 
the construction of viaducts at Taylor and Fourteenth Streets and 
Ogden Avenue, and all the terms, conditions, restrictions, obliga¬ 
tions, grants, benefits and provisions therein contained, as amended 
by an ordinance passed September Fourteenth, A. D. 1891, entitled 
“ An ordinance to amend Section Five of an ordinance relating to 
the adjustment of Taylor Street viaduct and other matters, passed 
July twentieth, A. D. 1891.” 

In Witness Whereof, the Chicago and Northern Pacific Railroad 
Company has caused this acceptance to be executed by its Presi- 


* The vote on this ordinance was yeas 49, nays 7. 











ORDINANCES. 


PART II. 


O P 

of) 


Chicago & Northern Pacific It. R. Co.—Taylor St. 


dent and its corporate seal to be hereunto attached, attested by its 
Secretary, the day and year first above written. 

Chicago and Northern Pacific Railroad Company. 

By D. S. Wegg, 

[seal.] President. 

Attest : 

H. S. Boutell, 

Secretary. 

Filed in the office of the City Clerk of the City of Chicago, Sep¬ 
tember 18th, 1891, 




PART II. 


ORDINANCES. 


37 


AN ORDINANCE. 


Repealing Part of an Ordinance Entitled 44 An Ordinance 
Granting Right of way to the Chicago and Great 
Western Railroad Company,” Passed 
September dtii, 1885. 

[Passed February 28th, 1891.] 


Be it ordained by the Board of Trustees of the Town of Cicero: 

Section 1 . That so much of an ordinance entitled 44 An Ordi¬ 
nance granting right of way to the Chicago and Great Western 
Railroad Company,” passed September 5th, 1885, as provides for 
the keeping open by the Chicago and Great Western Railroad 
Company, its successors and assigns, of a ditch on the North side 
of the tracks of said Railroad Company between Central Avenue 
and Robinson Avenue; and the construction and maintenance of a 
culvert over the west ditch on Robinson Avenue be and the same 
is hereby repealed, and said Chicago and Great Western Railroad 
Company, its successors and assigns, is hereby relieved from all 
obligations for the maintenance of an open ditch north of said 
tracks between said Central Avenue and said Robinson Avenue, 
and on Robinson Avenue between the St. Charles Air Line Grade 
and Twelfth Street, and the maintenance of a culvert over the west 
ditch at Robinson Avenue, provided the ditch between the points 
aforesaid and said culvert shall be maintained until the Robinson 
Avenue sewer shall have been constructed. 

Section 2. This ordinance shall be in force and effect from and 
after its passage and acceptance by the Chicago and Northern Pa¬ 
cific Railroad Company, the successor of the said Chicago and 
Great Western Railroad Company, and the acceptance of this or¬ 
dinance by said Railroad Company shall constitute an agreement 
on the part of said Railroad Company to pay the assessment levied 
against it for said Robinson Avenue sewer, as the same matures, 
and to permit the proper officers of said Town of Cicero to 
enter upon the right of way of said Railroad Company for 






ORDINANCES. 


PART II. 


38 


Chicago & North. Pac. R. R. Co., Amending C. & G. W.—Cicero. 

the purpose of constructing said Robinson Avenue sewer across 
the right of way of said Railroad Company' and for the proper 
inspection and repair of said sewer. 


ACCEPTANCE or foregoing Ordinance. 


James A. Bond , Esq., Town Clerk of the Town of Cicero. 

Dear Sir: The Chicago and Northern Pacific Railroad Com- 
pany, the successor of the Chicago and Great Western Railroad 
Company, hereby accepts an ordinance entitled “ An Ordinance re¬ 
pealing part of an Ordinance entitled 4 An Ordinance granting 
Right of Way to the Chicago and Great Western Railroad Com¬ 
pany ’ passed September 5th, 1885,” passed by the Board of Trust¬ 
ees of the Town of Cicero, February 28th, 1891, in accordance 
with the terms and provisions thereof. 

Chicago and Northern Pacific Railroad Company. 

By Henry S. Boutell, 

Secretary. 

Chicago, March 5th, 1891. 

Filed in the office of the Town Clerk of the Town of Cicero, 
March 14tli, 1891. 




PART II. 


ORDINANCES. 


39 


AN ORDINANCE 

Concerning the Erection of Telegraph Poles by the Chicago 
and Northern Pacific Railroad Company. 

[Passed January 2, 1892.] 

Be it ordained by the Board of Trustees of the Toivn of Cicero: 

Section 1 . That permission and authority he and the same 
hereby are granted to the Chicago and Northern Pacific Railroad 
Company, its grantees, lessees, successors and assigns, to construct, 
maintain and operate a telegraph line with one or more wires along 
the route of said railroad within the limits of the Town of Cicero, 
and for that purpose to erect poles and wires in, along, upon 
and across all streets and alleys along the line of said route. Said 
poles to be located where directed by the Board of Trustees. 

Section 2. This ordinance shall be in full force and effect from 
and after its passage. 





40 


ORDINANCES. 


PART II. 


AN ORDINANCE 


Authorizing tiie Chicago and Northern Pacific Railroad 

Company to cross Southwestern Boulevard. 

[Parsed August 25th, 1891.] 


Be it ordained by the West Chicago Park Commissioners: 

Section 1 . That permission and authority be and the same are 
hereby granted to the Chicago and Northern Pacific Railroad Com¬ 
pany, its grantees, lessees, successors and assigns, to construct, 
maintain and operate a railroad with one or more tracks, not ex¬ 
ceeding four tracks, across Southwestern Boulevard east of and ad¬ 
joining the tracks of the Union Stock Yards and Transit Company, 
and at the present grade of the tracks of said last named com¬ 
pany. 

Section 2. This ordinance is granted by said Board and ac¬ 
cepted by said Railroad Company on the express condition that 
said Railroad Company shall build all ditches or culverts necessary 
to the proper drainage of the whole of said Boulevard where said 
Railroad crosses the same, and keep the same in good and safe con¬ 
dition and repair under the direction of the said West Chicago 
Park Commissioners. 

Section 3. This ordinance is granted by the said Board and 
accepted by the said Railroad Company upon the express condition 
that the said Board of West Chicago Park Commissioners reserves 
all its police and other rights in relation to the control, and man¬ 
agement of the right of way hereby granted by said Board across 
said Boulevard. 

Section 4. This ordinance is granted by the said Board and ac- 
cepted by the said Railroad Company upon the express condition 
that said Railroad Company will not at any time build any 
switches or sidetracks within the limits of said Boulevard, or 
within two hundred (200) feet of the North and South lines of said 
Boulevard. 

Section 5. This ordinance is granted by the said Board and ac- 






PART II. 


ORDINANCES. 


41 


Chicago & Northern Pacific R. R. Co.—West Park. 

cepted by the said Railroad Company upon the express condition that 
the said Railroad Company shall, whenever, in the opinion of said 
Board the construction of a sub-way or viaduct shall be required 
by public necessity, join with the other railroads crossing said 
Boulevard, in the erection and maintenance of a sub-way or via¬ 
duct under or over the tracks herein authorized to be constructed, 
and will pay its fair proportion of the cost of construction and 
maintenance of said sub-way or viaduct. 

Section 6. All ordinances or parts of ordinances in conflict 
with the provisions of this ordinance, or any of them, are hereby 
repealed, and this ordinance shall take effect and be in force from 
and after its passage. 




42 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Authorizing the Chicago and Northern Pacific Railroad Com¬ 
pany TO CONSTRUCT RAILROAD TRACKS ACROSS DOUGLAS 

Boulevard. 

[Passed October 13th, 1891.] 


Be it ordained by the West Chicago Park Commissioners: 

Section 1 . That permission and authority be and the same 

hereby are granted to the Chicago and Northern Pacific Railroad 

/ 

Company, as successor of the Chicago and Great Western Rail¬ 
road Company, to construct, maintain and operate at grade four 
additional railroad tracks, within the limits of its right of way, 
across Douglas Boulevard in accordance with the provisions of the 
ordinance of said Chicago and Great Western Railroad Company 
passed February 13th, 1886, except in so far as the provisions 
of said ordinance are hereinafter amended or repealed. 

Section 2. Said Railroad Company shall not allow cars to be 
stored upon any of its tracks within two hundred and seventy- 
five (275) feet of the east and west limits of said Boulevard. 

Section 3. The obligations imposed upon said Railroad Com¬ 
pany by said ordinance of February 13th, 188(1, relating to a via¬ 
duct shall apply with equal force and effect to a sub-way. 

Section 4. All the provisions contained in this ordinance shall 
be binding upon and enure to the benefit of said Chicago and 
Northern Pacific Railroad Company, its grantees, lessees, succes¬ 
sors and assigns. 


Section 5. All ordinances or parts of ordinances in conflict 
with this ordinance, or any part thereof, are hereby repealed. 

Section (>. This ordinance shall be in full force and effect from 
and after its passage and acceptance in writing by said Chicago 
and Northern Pacific Railroad Company, 





PART II. 


ORDINANCES. 


48 


Chicago & North, Pac. R. R. Co., Amending C. & G. W.—West Park. 


ACCEPTANCE 


OF THE FOREGOING ORDINANCE. 


To the Honorable West Chicago Park Commissioners: 

The Chicago and Northern Pacific Railroad Company hereby ac¬ 
cepts the ordinance entitled “ An Ordinance authorizing the Chi¬ 
cago and Northern Pacific Railroad Company to construct railroad 
tracks across Douglas Boulevard,” passed by your Board the 13th 
day of October, A. D. 1891. 

In witness whereof, the said Chicago and Northern Pacific Rail- 
road Company has caused these presents to be executed by its 
President, its corporate seal to be hereunto attached, attested by 
its Secretary this 22d day of October, A. D. 1891. 

Chicago and Northern Pacific Railroad Company, 

By D. S. Wegg, 

[seal.] President . 

Attest: 

H. S. Boutell, 

Secretary. 

Filed in the office of the Clerk of the Board of West Chicago 
Park Commissioners, November 10th, 1891. 






44 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Granting the Right to the Chicago and Northern Pacific 
Railroad Company to cross Western Avenue 
Boulevard and Garfield Boulevard. 

[Passed November 2d, 1891.] 


Be it ordained by the South Park Commissioners: 

Section 1 . That permission and authority lie, and the same are, 
hereby granted to the Chicago and Northern Pacific Railroad Com¬ 
pany to lay down, operate and maintain a double track railway 
across the Western Avenue Boulevard and the Garfield Boulevard, 
in the City of Chicago, Cook County, Illinois, in the manner and 
subject to the provisions and restrictions hereinafter contained. 

Section 2. The tracks across said Western Avenue Boulevard 
shall he laid east of and parallel with and at the present grade of 
the tracks of the Union Stock Yards and Transit Company and the 
distance between the centers of the tracks of said Chicago and 
Northern Pacific Railroad Company and between the center of the 
west track of said Chicago and Northern Pacific Railroad Company 
and the center of the east track of said Union Stock Yards and 
Transit Company shall not be more than fourteen feet. 

Section 3. The tracks across said Garfield Boulevard shall be 
laid west of and at the present grade of the tracks of the Pitts¬ 
burgh, Cincinnati, Chicago and St. Louis Railway Company and 
the west rail of the west track of said Chicago and Northern Pa- 
cific Railroad Company shall cross the north line of said boulevard 
at a distance of not more than fifty-six and one-half feet from the 
west line of the right of way of said Pittsburgh, Cincinnati, Chi¬ 
cago and St. Louis Railway Company, and said west rail of said 
west track shall cross the South line of said boulevard at a distance 
of not more than eighty feet from said west line of the right of 
way of said Pittsburgh, Cincinnati, Chicago and St. Louis Railway 
Company. 

Section 4. Said Railroad Company shall construct its tracks 






PART II. 


ORDINANCES. 


45 


Chicago & Northern Pacific R. P. Co.—South Park. 


across said boulevards with an iron guard rail on the inside of each 
of the rails thereof and shall plank said crossings and keep the 
same in repair to the full width of said boulevards, all under the 
direction of the Superintendent of said South Park Commissioners; 
and said railroad company shall not change the grade of its tracks 
across said boulevards without the consent of said South Park Com¬ 
missioners; and said railroad company shall, at its own cost and ex¬ 
pense, furnish and deliver suitable material for constructing, repair¬ 
ing and maintaining the approaches to said tracks, including both 
the driveways and planting spaces of said boulevards, at such places 
and at such times as shall be directed by said South Park Commis¬ 
sioners ; and all alterations made necessary in said boulevards to make 
the drive-ways and planting spaces thereof conform to the grade of 
said railroad tracks as herein specified, shall be ’made at the sole 
cost and expense of said railroad company and under the super¬ 
vision and direction of the Superintendent of said South Park Com¬ 
missioners; and the said railroad company shall also pay any and 
all expense incurred in the removal of trees, made necessary by the 
construction of said crossing, and the full value of such trees as 


shall be destroyed thereby. 

Section 5. The said railroad company shall, whenever so di¬ 
rected by the South Park Commissioners, keep and maintain a flag¬ 
man at such crossings of said boulevards, or shall construct and 
maintain gates thereat, as shall be required by the South Park 
Commissioners and shall also use and maintain such other 
means in use by railway companies as shall from time to time be 
directed by said South Park Commissioners to insure the safety of 
persons using said boulevards. 

Section t>. The said railroad company shall at no time and un¬ 
der no circumstances permit any of its cars or locomotives to stand 
upon said tracks, or any of them, to the obstruction of travel upon 

said boulevards or any part thereof. 

Section 7. The permission, authority and privileges hereby 
granted are upon the further express condition that the said rail¬ 
road company, whenever so directed by the South Park Connnis- 





ORDINANCES. 


PART II. 


4t; 


Chicago & Northern Pacific R. R. Co.—South Park. 


sioners, in compliance with any general order in regard to the con¬ 
struction of viaducts and the lowering of the tracks crossing the 
boulevards under the control of said South Park Commissioners in 
any particular district, shall construct and maintain a viaduct over 
said boulevards and railway crossings, and shall lower the 
said tracks in the manner required by said South Park Com¬ 
missioners. 

Section 8. The privileges hereby granted are upon the further 
express condition that the said railroad company shall at all times 
comply with and be subject to all general and special ordinances 
of said South Park Commissioners, now in force or which may 
hereafter be passed, concerning the use and occupation of streets 
and boulevards, and the running and operating of cars thereon or 
across the same by railway companies, or in regard to the elevation 
of railroad tracks crossing said streets and boulevards, so far as the 
same apply or relate to the privileges hereby granted. 

Section 9. The permission and authority hereby granted are 
upon the further express condition that the said railroad company 
shall forever indemnify and save harmless the said South Park 
Commissioners from any and all legal actions, damages, decrees and 
the cost and expenses of the same which may lie recovered or ob¬ 
tained against the South Park Commissioners for, or by reason of, or 
growing out of, or resulting from the passage of this ordinance, or 
any matter or thing connected therewith, or by the exercise by the 
company of the privileges hereby granted, or from any act or acts 
of said company under or by virtue of this ordinance. 

Section 10. Should the said company at any time fail to com¬ 
ply with the conditions and provisions of this ordinance, or any of 
them, or with the general ordinances of the South Park Commis¬ 
sioners, the said South Park Commissioners may order the said 
tracks to be taken up and removed by said company, and on its 
failure so to do within ten days after notice of such order, may 
cause the same to be taken up and removed at the expense of the 
said company. 

Section 11. All the provisions of this ordinance shall be equally 




PART II. 


ORDINANCES. 


47 


Chicago & Northern Pacific R. R. Co.—South Park. 

t 

binding upon the said railroad company, its successors, assigns and 
lessees. 

Section 12 . This ordinance shall he in force only from and af- 
ter the written acceptance of the same and its provisions by the said 
Chicago and Northern Pacific Railroad Company, duly signed and 
under its corporate seal, shall be filed with the Secretary of the 
South Park Commissioners. Unless such acceptance shall be so 
filed within thirty days of the time of the passage hereof this ordi¬ 
nance shall be null and void. 

ACCEPTANCE of the foregoing Ordinance. 

To the Honorable , the South Park Commissioners. 

Gentlemen : The Chicago and Northern Pacific Railroad Com¬ 
pany hereby accepts the ordinance entitled “ An ordinance grant¬ 
ing: the right to the Chicago and Northern Pacific Railroad Company 
to cross Western Avenue Boulevard and Garfield Boulevard,” 
passed by your Board the second day of November, 1891, and all 
the provisions thereof. 

In witness whereof, the Chicago and Northern Pacific Railroad 
Company has caused this acceptance to be executed by its President 
and its corporate seal to be attached hereunto, attested by its Sec¬ 
retary, this third day of November, 1891. 

Chicago and Northern Pacific Railroad Company. 

By D. S. Wegg, 

[seal.] President. 

Attest : 

H. S. Boutell, 

Secretary. 

Filed in the office of the Secretary of the South Park Commis¬ 
sioners, November 3d, 1891. 




48 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Concerning the Erection of Telegraph Poles by the Chicago 
and Northern Pacific Railroad Company. 

[Passed January 16th, 1892 ] 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Harlem: 

Section 1 . That permission and authority he, and the same 
hereby are, granted to the Chicago and Northern Pacific Railroad 
Company, its grantees, lessees, successors and assigns, to construct, 
maintain and operate a telegraph line with one or more wires along 
the route of said railroad within the limits of the Village of Har- 
lem, and for that purpose to erect poles and wires in, along, upon 
and across all streets and alleys along the line of said route; poles 
to be located under direction of the Board of Trustees of the Vil¬ 
lage of Harlem. 

Section 2. This ordinance shall be in full force and effect from 
and after its passage. 





PART II 


ORDINANCES. 


49 


AN ORDINANCE 

Concerning the Erection of Telegraph Poles by the Chicago 
and Northern Pacific Railroad Company. 

[Passed January 7, 1892.] 

Be it ordained by the President and Board of Trustees , of the Vil¬ 
lage of River Forest: 

Section 1 . That permission and authority be, and the same 
hereby are, granted to the Chicago and Northern Pacific Railroad 
Company, its grantees, lessees, successors and assigns, to construct, 
maintain and operate a telegraph line with one or more wires along 
the route of said railroad, within the limits of the Village of River 
Forest, and for that purpose to erect poles and wires in, along, 
upon and across all streets and alleys along the line of said route, 
such poles and wires to be so placed as not to interfere with the 
free use of any street or alley by the public and satisfactory to the 
Board of Trustees of said Village. 

Section 2. The permission and authority herein granted are 
upon the express condition that the said Chicago and Northern Pa¬ 
cific Railroad Company, its grantees, lessees, successors and as¬ 
signs shall at all times save and keep harmless the Village of River 
Forest, of and from all damage, costs and expenses, occasioned by 
or in any manner growing out of the passage of this ordinance, or 
in exercising or attempting to exercise any of the privileges herein 
granted. 

Section 3. This ordinance shall be in full force and effect from 
and after its passage. 

ACCEPTANCE of the foregoing Ordinance. 

Chicago, January 22nd, 1892. 

To the President and Board of Trustees of the Village of River 

Forest : 

The Chicago and Northern Pacific Railroad Company hereby ac¬ 
cepts an ordinance entitled “ An Ordinance concerning the erection 







ORDINANCES. 


PART II. 


50 


Chicago & Northern Pacific It. It. Co.—Telegraph, River Forest. 

of telegraph poles by the Chicago and Northern Pacific Railroad 
Company, ” passed by the President and Board of Trustees of the 
Village of River Forest, January 7th, 1892. 

Chicago and Northern Pacific Railroad Company, 

By Henry 8. Boutell, 

Secretary . 

Filed in the office of the Village Clerk of the Village of River 

O o 

Forest, Illinois, January 22, 1892. 





PART II 


ORDINANCES. 


51 


AN ORDINANCE OF THE VILLAGE OF HARLEM, 

Concerning the Chicago and Wisconsin Railroad Company. 

[Passed September 12th, 1885.] 


Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Harlem: 

Section 1 . That permission and authority lie and is hereby 
given and granted to the Chicago and Wisconsin Railroad Com¬ 
pany, its grantees, lessees, successors and assigns, to lay down, 
maintain and forever use and operate with steam or other motive 
power one (1) or more railroad tracks with necessary and conven¬ 
ient side-tracks, switches and appurtenances over, along and upon 
such portions of Section 13, T. 39, R. 12, in said Village as said 
Company may acquire by purchase, donation or condemnation, 
commencing* at the East line thereof and runninof thence West and 
Westerly, North and Northerly to the North line of said Section, 
thence due north alone: the west side of the center line of Section 
12 to the northern limits of said Village and to cross all interven¬ 
ing streets, highways and railroad tracks, and also at any and all 
times hereafter to lay down upon lands adjacent to its said route 
which it may acquire and maintain thereon and forever use such 
switches, sidings, turnouts, yards and track connections with any 
railroad now or hereafter constructed and also to build and main¬ 
tain railroad tracks connecting with any manufacturing and other 
establishments, lumber and coal yards on or near its said route as 
may be deemed necessary within the said Village of Harlem, and 
for said purpose the right is hereby granted to cross with said tracks 
all of the streets, highways, alleys and railroad tracks upon or 
along the said route, switches, sidings, turnouts, yards and track 
connections. 


Section 2. Permission is also hereby granted to the said Chi¬ 
cago and Wisconsin Railroad Company, its grantees, lessees, suc¬ 
cessors and assigns, to erect and forever maintain and use a telegraph 










52 


ORDINANCES. 


PART II. 


Chicago & Wisconsin R. R. Co.—Harlem. 


line consisting of one or more lines of wire with necessary poles 
alone: said route hereinbefore designated. 

Section 3. Said Railroad Company, its grantees, lessees and 
successors, will keep and perform all laws and ordinances obliga¬ 
tory and binding upon it to be kept and performed pertaining to 
the management, regulation and control of railroad and telegraph 
companies and also in respect to ditches, drains and sewers and 
the suitable and proper maintenance of streets and railroad cross¬ 
ings and the proper police and health regulations of said Village. 

Section 4. Said Company shall locate and maintain a passen¬ 
ger station between the Chicago and Western Dummy track and 
Chicago and Northwestern Railroad, provided sufficient ground 
therefor be donated to the said C. & W. R. R. Co. 

Section 5. And wherever the said Village shall desire to cross 
the said right of way, either by the extension of avenues, streets 
or alleys now existing, or by the opening of new ones, and cul¬ 
verts shall be necessary for suitable drainage, it shall lie the duty 
of the said company to construct such culverts at its own expense 
promptly upon being nct'fied to do so. 

Section (h Be it further ordained that when the Village of 


Harlem shall deem it necessary to open new and extend old streets, 
avenues or alleys in the said Village across the right of way of 
said railroad company, said Village shall have the right to do so 
free of charge or expense, and for that purpose shall have the right 
to enter upon the right of way of said Railroad Company and con¬ 
struct crossings thereon, which crossings when so constructed, to¬ 
gether with all crossings of streets, avenues or alleys made by the 
said company in constructing its road, shall be kept in good order 
and repair free of expense to the Village of Harlem. 

Section 7. All the foregoing rights, privileges and franchises 
are hereby expressly granted upon conditions that the said road is 
fully completed through the said Village within 3 years from 
the passage of this ordinance, exclusive of legal delays, and in case 
the same shall not be done said Village shall have full rmht and 
power to enter upon the right of way of said company within the 





PART II 


ORDINANCES. 


53 


Chicago & Wisconsin R. R. Co.—Harlem 

said Village where the same crosses or occupies any avenue, street, 
alley or other public place and remove all rails, ties, road-bed or 
anything appertaining or belonging thereto, and restore the said 
avenues, streets, alleys or other places to their first and former 
condition, and the right of the said company to all the rights and 
privileges herein granted shall at once cease and determine, and 
this ordinance become null and void. 

Section 8 . This ordinance shall be in full force and effect from 
and after its passage. 


ACCEPTANCE of the foregoing Ordinance. 

To the Board of Trustees of the Village of Harlem in the County 
of Cook and State of Illinois: 

The Chicago and Wisconsin Railroad Company accepts the 
Ordinance granted by your honorable body, giving to it certain 
rights and privileges. 

Chicago and Wisconsin Railroad Company. 

By Dwight F. Cameron, 

Its Attorney. 

Harlem, September 12th, 1885. 

Filed in the office of the Village Clerk of the Village of Harlem, 
September 12th, 1885. 









54 


ORDINANCES. 


PART II. 


AN ORDINANCE 


Granting the right of way to the Chicago and Wisconsin 

Railroad Company. 

[Passed September 23d, 1885.] 


Be it ordained by the President and Board of Trustees of the Village 

of River Forest: 

Section 1 . That permission and authority be and is hereby 
given and granted to the Chicago and Wisconsin Railroad Company, 
its grantees, lessees, successors and assigns, to construct, maintain 
and forever use and operate with steam or other motive power, a 
railroad with not more than four tracks, and such side tracks, 
switches and appurtenances as may be deemed necessary and con¬ 
venient over, along and upon the following route, that is to say, 
over any lands said railroad company may acquire by purchase, 
condemnation or otherwise, commencing at the south line of the 
south-west quarter of section twelve (12), town thirty-nine (39) 
North, range twelve (12) east of the third principal meridian, in 
said village of River Forest, thence north and northerly to Lake 

O 7 

Street, between the west line of Franklin street, and a line not 
further west than three hundred and one feet (301) west of the 
west line of Park avenue, thence north to the north line of Chicago 
avenue, thence north-westerly to the northern and western limits of 
the village of River Forest, with the right to cross all streets, high¬ 
ways, alleys and public places, and the right of way and tracks of 
the Chicago and North-Western Railway Company, as far as the 
President and Board of Trustees of said village of River Forest are 
authorized by law to do same, upon such grade as shall be mutu¬ 
ally agreed upon, between said Chicago and Wisconsin Railroad 
Company and said Chicago and North-Western Railway Company. 

Section 2. The permission and authority and privileges hereby 
granted are upon the express condition that if, under such mutual 
agreement, the tracks of the Chicago and Wisconsin Railroad Com¬ 
pany, its grantees, lessees or assigns, are made to cross the rio-ht of 






PART II. 


ORDINANCES. 


OD 


Chicago & Wisconsin II. R. Co.—River Forest. 


way and tracks of the Chicago aim North-Western Railway Com¬ 
pany above grade, then and in that case said Chicago and Wisconsin 
Railroad Company, its grantees, lessees or assigns, may, for the 
time being, cross said right of way and tracks by trestle work and 
piles, leaving roadway east and west under the same on Lake 
street, Railroad avenue and Hawthorne avenue, full width of said 
street, and may be supported by iron columns between the road¬ 
bed and sidewalk, and of sufficient height not to impair travel, 
but said Chicago and Wisconsin Railroad Company, its successors, 
grantees, lessees or assigns, shall, within three years after the pass¬ 
age of this ordinance, exclusive of legal delays, build an iron bridge 
across the tracks of the Chicago and North-Western Railway Com¬ 
pany, resting upon stone abutments or iron columns, and also iron 
bridges across Lake street, Railroad avenue and Hawthorne avenue, 
resting upon stone abutments or iron columns, leaving a space 
not less than the full width of said streets, and may lie supported 
by iron columns between the road-bed and sidewalk, and of sufficient 
height for the passage of vehicles and foot passengers under the 
bridges crossing said Lake street, Railroad avenue and Hawthorne 
avenue. And said Chicago and \\ isconsin Railroad Company, its 
grantees, lessees or assigns, shall build stone abutments on each 
end of the bridge crossing Lake street on the north end of the 
bridge, crossing* Railroad avenue, and on the South end of the 
bridge crossing Hawthorne avenue, within said three years. 

Section 3. The permission and authority hereby granted are 
upon the further express condition that said Chicago and Wisconsin 
Railroad Company, its successors, grantees, lessees or assigns, shall 
within the said three years, exclusive of legal delays, build earth 
approaches the full length of said temporary trestle woiks, fiom 
the south, north to the abutment of the bridge crossing Hawthorne 
avenue; also earth approaches on both ends of the bridge crossing 
Lake street, and on the north end of the bridge crossing Railroad 
avenue; it being the intention of this ordinance that all the trestle 
work except the crossings of the said streets and railroad tracks 
shall be filled to full height of the same with earth, and cause the 







56 


ORDINANCES. 


PART II. 


Chicago & Wisconsin R. R. Co.—River Forest. 


same to be seeded down or sodded over and kept in good order, 
and mowed twice a year. 

Section 4. The road-bed of said Railroad Company where it 
crosses Oak Avenue in said village, shall be not to exceed three 
feet (3) above the grade of said Oak Avenue, and said company 
shall erect and maintain suitable approaches and crossings to said 
street, for the passage of vehicles over its tracks on said street, at 
its own expense. 

Section 5. Permission is also hereby given to said railroad 
company at any and all times hereafter, to lay down upon lands 
adjacent to its said route, which it may acquire and maintain 
thereon and forever use, such switches, sidings, turnouts, yards and 
track connections with any railroad now or hereafter constructed, 


and also to build and maintain railroad tracks connecting with any 
manufacturing or other establishment, lumber and coal vards, at 
or near its said route, as may be deemed necessary within said vil¬ 
lage of River Forest. 

Section 6 . Permisssion is also granted to erect and forever 
maintain and use a telegraph line consisting of one or more lines 
of wire with the necessary poles along its main line; but such 
wires or poles shall not in any way impede travel upon any street 
in said village of River Forest. 

Section 7. This ordinance is hereby granted upon the further 
express condition: said railroad company, its grantees, lessees, 
successors and assigns shall keep and perform all laws and ordi¬ 
nances obligatory and binding upon it to be kept and performed, 
pertaining to the management, regulation and control of railroad 
and telegraph companies, and also in respect to ditches, drains and 
sewers and the suitable and proper maintenance of street and rail¬ 
road crossings, and the proper police and health regulations of said 
village, without any expense to said village. 

Section 8 .. This ordinance is hereby granted upon the further 
express conditions, that said company, its grantees, lessees, succes¬ 
sors or assigns, shall erect, locate, keep and maintain passenger 
station at Oak avenue, and also a depot at or near Madison street. 





PART II. 


ORDINANCES. 


57 


Chicago & Wisconsin R. R. Co.—River Forest. 


Said depot buildings shall not be inferior in any manner to depot 
buildings of the Chicago and North-Western Railroad now at River 
Forest, and all passenger trains passing both ways shall stop at 
Oak Avenue station, unless said railroad company, its grantees, 
lessees, successors or assigns shall stop at said station at least 
five passenger trains going each way every day, and shall stop all 
north bound trains to receive passengers, at said station. 

Section 9. Be it further ordained that the permission and au¬ 
thority hereby granted is upon the further express conditions, that 
when the village of River Forest shall deem it necessary to open 
new or extend old streets, avenues or alleys, in said village, across 
the right of way of said railroad company, said village shall have 
the right to do so free of charge or expense, and for that purpose 
shall have the right to enter upon the right of way of said railroad 
company, and construct crossings thereon, which crossings, when 
so constructed, together with all crossings of streets, avenues and 
alleys made by said company in constructing its road, shall be 
kept in good order and repair, free of expense to the village of 
River Forest. 


Section 10. The permission and authority hereby granted are 
upon the further express condition that the said railroad company 
and its successors, grantees, lessees and assigns, shall and will for¬ 
ever indemnify and save harmless the village of River Forest against 
and from any and all damages, judgments, decrees and costs and 
expenses of the same, which it may suffer or which may be recov¬ 
ered or obtained against said village for or by reason of the grant¬ 
ing of such privileges and authority, or for or by reason of, or 
growing out of, or resulting from the passage of this ordinance, 
or any matter or thing connected therewith, or with the exercise, 
by said company, its grantees, lessees, or assigns, or the privileges 
hereby granted, or from any act or acts of said company, its grant¬ 
ees, lessees, or assigns, under or by virtue of the provisions of this 
ordinance. 

Section 11. The permission and authority herein granted are 
hereby granted upon the further express conditions that said rail- 




58 


ORDINANCES. 


PART II. 


Chicago & Wisconsin R. R. Co. —River Forest. 

road company, its successors, assigns, or lessees shall keep for sale 
at its or their office, at Chicago, commutation tickets, at prices not 
exceeding per single fare the same kind of commutation tickets 
of the Chicago and North-Western Railway to River Forest Sta- 
tion, and said tickets shall be unlimited as to time and good for 
family use. 

Section 12. This ordinance is granted upon the further ex¬ 
press condition that it shall he formally aecepted by the Chicago 
andWisconsin Railroad Company within thirty days after its pas- 
sage, and that the work herein authorized shall be done and com¬ 
pleted within three years from the passage of this ordinance ex- 
clusive of legal delay, otherwise all rights and privileges herein 
granted shall cease and be null and void and the said village shall 
have full power and right to enter on the right of way of said com¬ 
pany within the said village, where the same crosses or occupies 
any avenue, street or alley, or other public places, and remove all 
rails, ties, roadbed, or anything pertaining or belonging thereto, 
and restore the said avenue, street, alley or other public places to 
their first and former condition. 

Section 13. The permission and authority hereby granted in 
this ordinance are granted upon the further express condition that 
said village hereby reserves the right to grant permission to any 
other railroad to cross said right of way, hereby granted. 

Section 14. ' This ordinance shall be in full force and effect from 
and after its passage. 


A( X EPTANCE of foregoing (Irihnance. 

Chicago, 25th Sept., ’85. 

The Chicago and Wisconsin Railroad Company accepts the 
within ordinance. 

1). S. Wegg, 

Attorney for' Chicago and Wisconsin 11. 11. Co. 

Endorsed on the original ordinance on file in the office of the 
Village Clerk of the Village of River Forest, September 25th, 1885. 


PART II 


ORDINANCES. 


59 


AN ORDINANCE 

Authorizing the construction and operation of a Dummy Rail¬ 
way in the Town of Cicero, County of Cook and State of 
Illinois, on tiie following named streets: On West For¬ 
tieth Street from Madison Street to Randolph Street; 

THENCE WEST ON RANDOLPH STREET TO ROBINSON AVENUE; 
THENCE NORTH ON ROBINSON A VENUE ABOUT FOUR HUNDRED FEET; 
THENCE AVEST OVER PRIVATE PROPERTY TO WlLLOAV AVENUE; 
THENCE NORTH ON WlLLOAV AVENUE TO BENNETT STREET; THENCE 

avest on Bennett Street to Park Avenue; thence north to 
Kinzie Street; thence avest along the south line of the 

RIGHT OF AVAY OF THE XORTH-WESTERN liAILAVAY TO THE EAST 

line of Oak Park Avenue. 

[Passed April 26th, 1879.] 


Whereas, Charles R. Vandercook has presented to this Board a 
petition praying that this Board give and grant to him the privi¬ 
lege and franchise of constructing and operating a Dummy Rail- 
Avav in said Town; therefore 

Be it ordained by the Board of Trvstees of the Town of Cicero: 

Section 1. That permission and consent are hereby given and 
or a n ted to the said Charles R. Vandercook, his heirs, executors, 
administrators and assigns, to lay doAvn, operate and maintain a 
single track RaiBvay with all necessary and coiwenient turnouts, 
turn-tables and side-tracks and SAvitehes, in, upon, over and along 
the folloAvin 0 ' named streets and directions, aTz : Commencing on 
West Fortieth Street the west half at the intersection of Madison 


Street; thence north on West Fortieth Street to Randolph Street; 
thence Avest on Randolph Street to Robinson Avenue; thence north 
on Robinson Avenue about four hundred feet; thence Avest on pri¬ 
vate property to Willow Avenue; thence north on Willow Avenue 
to Bennett Street; thence west on Bennett Street to Park Ave¬ 
nue; thence north on Park Avenue to the south line of the said 






(SO 


ORDINANCES. 


PART II 


Chicago & Western Dummy Ry. Co.—Cicero, 1879. 


right of way partly on private property and partly on North Street 
to the east line of Oak Park Avenue. 

Provided, however, that if he or they desire to lay or run such 
railway through or upon private property, he or they shall first ob¬ 
tain the consent of the owner or owners thereof, and also 

Provided, the said Charles R. Vandercook, his heirs, executors, 
administrators, associates or assigns, shall pay all damages to the 
owners of property abutting upon the said streets which they may 
sustain by reason of the location or construction of the said rail¬ 
road thereon. 

Section 2. The gauge of said Railway shall be four (4) feet and 
eight and one-half (8J) inches wide, and the cars, carriages and en¬ 
gines to be used on said Railway track or tracks may be operated 
by steam, and the engines used thereon shall be such as are com- 

1 o 

monly called Dummy Engines. 

Section 3. The track or tracks of said railway shall not be ele- 

* 

vated above the surface of the street at any street crossing, and 
shall be laid of the modern “T” rail, and shall be so laid that car¬ 
riages and other vehicles can easily and freely cross said track or 
tracks, switches and turn tables, at any and all street crossings 
without obstruction, and the said Charles R. Vandercook, his heirs, 
executors, administrators, associates and assigns, shall at all times 
keep that portion of the streets as shall be occupied by such tracks, 
switches and turn-tables in as good repair and condition as are the 
other portions of the streets on which said tracks are laid. Said 
road shall be so constructed that the ties or sleepers shall be sunk 
to the level of the surface of the streets, and the crossings of 
streets and sidewalks shall be planked with at least two-inch plank 
between and on either side of the rails. 

Section 4. And the said Charles R. Vandercook, his heirs, ex¬ 
ecutors, administrators, associates and assigns, shall save and keep 
harmless the said Town of Cicero of and from any and all loss, 
damages, and expense which it may sustain or be made liable for by 
reason of the construction, operation or maintenance of said rail¬ 
road and its appurtenances, or by reason of any fault, carelessness, 




PART II. 


ORDINANCES. 


61 


Chicago & Western Dummy Ry. Co—Cicero, 1879. 


neglect or misconduct of the said Charles R. Vandercook, his heirs, 
executors, administrators or assigns, or his or their agents or serv¬ 
ants in constructing, operating or maintaining said railroad and ap¬ 
purtenances, or by reason of any neglect or failure to comply with 
the provisions of this ordinance. 

Section 5. The fare shall not exceed live cents to any and all 
points within said Town of Cicero. 

Section 6. Cars shall commence running as early as 6 o’clock 
a. m. and through cars shall leave either terminus of said road as 
often as once in sixty (60) minutes until 11 o’clock at night. 

Section 7. The rights and privileges and consent hereby 
granted to the said Charles R. Vandercook, his heirs, executors, ad¬ 
ministrators, associates and assigns, shall be forfeited to the said 
Town of Cicero unless said railway shall be fully completed and 
ready for use and in operation from the east line of the Town to 
said Oak Park Avenue in accordance with the terms hereof on or 
before the first day of November, A. D. 1879. Provided, however, 
that if the said Charles R. Vandercook, his heirs, executors, adminis¬ 
trators, associates or assigns, should be delayed by order or injunc¬ 
tion of any court the time of such delay shall be excluded and 
the same time in addition to the period above described shall 
be allowed for the completion of said Railway as that during which 
he or they may have been so delayed. 

Section 8. If the said Charles R. Vandercook, his heirs, execu¬ 
tors, administrators and assigns, at any time shall fail to operate 
said road as herein provided for the space of thirty days, or shall 
permit any final judgment obtained against said Town for dam¬ 
ages occasioned by reason of the construction or operation of said 
road, or by reason of the negligence or misconduct of said Charles 
R. Vandercook, his heirs, executors, administrators, associates or 
assigns, in respect to the construction or operation of said Road shall 
remain unpaid for the space of twenty days, provided said Charles 
R. Vandercook, his heirs, executors, administrators, associates 
or assigns, shall have been duly cited in to defend the suit in which 
said judgment was rendered, then the said Charles R. Vandercook, 







<32 


ORDINANCES. 


PART IP 


Chicago & Western Dummy Ry. Co.—Cicero, 1879. 


his heirs, executors, administrators, associates or assigns, shall forfeit 
the rights hereby granted and the same shall cease and determine. 

Section 9. The right to operate said railway shall extend to 
the first day of April, A. I). 1898, at which time the rights and 
privileges herein and hereby granted shall cease unless the same 
are further extended. 

Section 10. The right is hereby reserved to regulate by ordi¬ 
nance the speed and the time and manner of running cars upon and 
operating said railroad, and also the right at all times to determine 
by ordinance on what portion of the said streets said tracks, side¬ 
tracks and turnouts shall be located and to require any change in 
the location upon said streets of said tracks, side tracks and turn¬ 
outs the rights and privileges hereby granted shall at all times be 
subject to all police regulations and ordinances of a general nature 
that now are in force or may hereafter be passed. 

Section 11. The said Charles R. Yandercook shall for himself, 
his heirs, executors, administrators and assigns, enter into a good 
and sufficient bond with security to the said Town of Cicero, in the 
penal sum of ten (10) thousand dollars to be approved by the Board 
of Trustees of the Town of Cicero conditioned for the faithful per¬ 
formance of all the terms and conditions herein contained and also 
conditioned as provided in Section four in this ordinance. 

Section 12 . This ordinance shall take effect and be in force as 
soon as the same shall have been accepted by the said Charles R. 
Yandercook and he shall have made and executed the Bond pro¬ 
vided for herein in manner and form as hereinbefore required, and 
the same has been approved by said Board of Trustees. 

Bond and acceptance of foregoing ordinance approved and filed in 
the office of the Town Clerk of the Town of Cicero , June 28th , 1879. 






PART II. 


ORDINANCES. 


(13 


AN ORDINANCE 

In relation to the construction and operation of a “ Dummy 

Railway ” in the Town of Cicero. 

[Passed August 20th, 1881.] 

Whereas : The Board of Trustees of the Town of Cicero on the 
the 20th day of April, A. D. 1879, passed an ordinance giving its 
permission and consent to Charles R. Vandercook, his heirs, execu¬ 
tors and assigns, to lay down and operate a Dummy Railway with 
all necessary turnouts, turntables, side-tracks and switches on cer¬ 
tain streets in said Town, and Whereas 

The said Vandercook has sold and transferred such right and 
franchise to the Chicago and Western Dummy Railway Company. 

It is, therefore , ordained by the Board of Trustees of the said 
Town of Cicero: 

Section 1. That the powers and privileges given and granted 
to said Vandercook are hereby fully confirmed in and to the said 
Chicago and Western Dummy Railway Company, their successors 
and assigns, for a period of twenty years from and after the pas¬ 
sage of this ordinance except as hereinafter specified and excepted. 

Section 2. That premission and consent are hereby given and 
granted to the said Chicago and Western Dummy Railway Com¬ 
pany, its successors or assigns, to lay down, operate and maintain 
a single track railway with all necessary and convenient turnouts, 
turntables, side tracks and switches upon and over and along the 
following named streets, avenues and directions, viz: Commencing 
on the west half of west Fortieth Street at the intersection of Mad¬ 
ison Street and running thence north on west Fortieth Street to 
Randolph Street; thence west on Randolph Street to Robinson 
Avenue; thence north on Robinson Avenue about four hundred 
feet; thence west (over private property, the right to passover 
which the said Vandercook claims he has obtained, and if not legally 
obtained they shall hereafter obtain by the consent of the owners 









64 


ORDINANCES. 


PART II. 


Chicago & Western Dummy Ry. Co.—Cicero, 1881. 


or otherwise) to Willow Avenue; thence north on Willow Avenue 
to Bennett Street; thence west on Bennett Street (or sometimes 
called Randolph Street), the west line of Fourth Avenue in the 
Village of Austin; thence (over private property, the right to pass 
over which shall be acquired by said Company by agreement with 
the owners thereof or otherwise) to the east end of Park Avenue in 
the Village of Ridgeland; thence west on Park Avenue to Oak 
Park Avenue; thence north on Oak Park Avenue to the east end of 
Division Street in the Village of Oak Park; and thence west on 


Division Street to the west line of the Town of Cicero, and also to 
cross all streets, alleys and highways between the termini of said 
route in this section mentioned. And wherein the route in this section 
mentioned differs from that described in the said Ordinance grant- 
ing like privileges to the said Vandercook, passed on the 26th day 
of April, A. D. 1879, the route herein described shall be taken as 
in lieu thereof, and the rights to the other route are hereby re¬ 
pealed and declared null and void, and no longer in force, and the 
acceptance hereof by said Company shall be taken as its acquiescence 
herein, 

Provided said Company shall, and the above consent is given and 
granted upon the express condition that the said Company and its 
successors and assigns shall pay all damages to the owners of prop¬ 
erty abutting upon the said streets and highways which they may 
sustain by reason of the location or construction of the said rail¬ 
road thereon. 

Section 3. The gauge of said Railway shall be four (4) feet 
and eight and one-half (8J) inches wide, and the cars, carriages 
and engines to be used on said railway track or tracks may be oper¬ 
ated by steam, and the engines used thereon shall be such as are 
commonly called “ Dummy Engines.” 

Section 4. The track or tracks of said Railway shall not be 


elevated above the surface of the street at any street crossings, and 
shall be laid of modern “T” rail, and shall be so laid that car¬ 
riages and other vehicles can easily and freely cross said track or 
tracks, and any and all street and alley crossings without obstruc- 










PART II. 


ORDINANCES. 


65 


Chicago & Western Dummy Ry. Co.—Cicero, 1881. 

tion, and the said company, its successors and assigns, shall at all 
times keep that portion of the street which shall be occupied by 
such tracks, switches and turntables in as good repair and condi¬ 
tion as are the other portions of the streets on which said tracks 
are laid. Said road shall be so constructed that the ties or sleep¬ 
ers shall be sunk to a level of the surface of the street, and the 
crossings of the streets and sidewalks shall be planked with at least 
two inch plank between and on either side of the rails. 

Section 5. And the said company and its successors and assigns 
shall save and keep harmless the said Town of Cicero of and from 
any and all loss, damages and expense which it may sustain or be 
made liable for by reason of the construction or maintenance of 
the said railroad and its appurtenances, or by reason of any fault, 
carelessness, neglect or misconduct of the said company and its 
successors and assigns, or its agents or servants in constructing, 
operating and maintaining said railroad and its appurtenances, or 
by reason of any neglect or failure to comply with the provisions 
of this ordinance. 

Section 6. The said company and its successors and assigns 
shall not be allowed to charge more than ten cents for any one pas¬ 
senger to any and all points within the limit of the said Town of 
Cicero. 

Section 7. The right to operate the said railroad shall extend 
to first day of July, A. D. 1901, at which time the rights and priv¬ 
ileges herein and hereby granted shall cease unless the same are 
further extended. 

Section 8. The right is hereby reserved to regulate by ordi¬ 
nance the speed and the time and manner of running cars upon 
and operating said railroad, and also the right at all times to de¬ 
termine by ordinance in what portion of the said streets said 
track, side track and (turntables) turnouts shall be located, and to 
regulate and change the same. 

Section 9. The rights and privileges hereby granted shall at 
all times be subject to the police regulations, powers and ordi¬ 
nances of said Town. 







ORDINANCES. 


PART II. 


< 3(1 


Chicago & Western Dummy Ry. Co.—Cicero, 1881. 

Section 10. It shall be the duty of the said Company and its 
successors and assigns to keep all culverts under its tracks free 
from all obstructions at all times, and to build such culverts under 
its tracks of the kind, character and description as the said Board 
of Trustees shall from time to time direct, and the acceptance of 
the rights and franchises granted by this ordinance by said com¬ 
pany shall be held to be as its consent to the obligations in this 
section mentioned. 

Section 11. This ordinance shall take effect and be in force 
from and after its passage. 




PART II. 


ORDINANCES. 


(J7 


AN ORDINANCE 

Authorizing the Construction and Operation of a Dummy Rail¬ 
way on the East Side of Harlem Avenue from" Division 
Street to Harrison Street in the Town of Cicero. 

[Passed May 13th, 1882.] 


Be it ordained by the Board of Trustees of the Toivn of Cicero: 

Section 1. I hat permission and consent he, and are hereby 
given and granted to the Chicago and Western Dummy Railway 
Company, its successors or assigns to lay down, operate and main¬ 
tain a single track dummy railway with all necessary and conven¬ 
ient turnouts, side tracks and switches upon, over and along the 
east side of Harlem Avenue from Division Street to Harrison Street 
but no side tracks, turnouts or switches shall belaid north of Madi¬ 
son Street in the Town of Cicero. 

Section 2. r lhe gauge of said railway shall be four (4) feet 
eight and one-half (8j) inches wide and the cars, carriages and en¬ 
gines to be used on said railway track may be operated by steam, 
and the engines used thereon shall be such as are commonly called 
“ Dummy Engines.” 

Section 3. The track or tracks of said railway shall not be ele¬ 
vated above the surface of the street at any street crossing, and 
shall be laid of modern “ T ” Rail, and shall be so laid that car¬ 
riages and other vehicles can easily and freely cross said tracks at 
any and all street crossings and alley crossings in any and all di¬ 
rections without obstruction. Said road shall be so constructed 
that its ties or sleepers shall be sunk to a level of the surface of the 
street, and the crossings of all streets and alleys shall be planked 
with at least two inch plank between and on either side of the 
rails. 

Section 4. The franchise and privileges hereby granted are 
given and granted upon the express condition that all trains run on 
said railway shall come to a full stop each way before making the 
turn at the corner of Division Street and Harlem Avenue, and that 







ORDINANCES. 


PART II. 


68 


Chicago & Western Dummy Ry. Co.—Cicero, 1882. 


the said company shall plank the center of its tracks and either side 
thereof on Division Street from Maple Avenue to Harlem Avenue, 
and on Harlem Avenue from Division Street to Madison Street with 
at least two inch plank well laid so that vehicles may pass over 
said track at all times in any direction without obstruction, and 
that the said company shall gravel to the depth of eighteen inches 
such portions of Division Street as lies between Maple Avenue and 
Harlem Avenue and Harlem Avenue between Division Street and 
Madison Street from the track to the sidewalk as are not planked 
and that the said company shall construct a twelve (12) inch tile 
sewer on both sides of Division Street from Harlem Avenue to 
Maple Avenue and connect the same with the sewer now on Maple 
Avenue, and also a twelve inch tile sewer on the east side of Har¬ 
lem Avenue from Division Street to Madison Street, all of said work 
to be done within the time the Board of Trustees of said Town may 
direct, and to the satisfaction of said Board, and that the curve at 
the corner of Division Street and Harlem Avenue shall at no point 
approach nearer than twenty feet to the north or south line of 
Division Street between Maple Avenue and Harlem Avenue, and 
should this condition be disregarded the owners of the adjacent 
property are hereby expressly licensed to enter upon and remove 
so much of said track as shall be laid contrary to the conditions 
hereof, and all of said work to be done within the time prescribed 
by the Board of Trustees of said Town. It shall be the duty of said 
company to keep all of said work at all times in good order and 
condition and the right of said company to exercise the powers and 
franchises hereby granted shall be contingent upon its complying 
with all the conditions and provisions of this ordinance. 

Section 5. The said company and its successors and assigns 
shall save and keep harmless the said Town of and from any and 
all loss, damage and expense which it may sustain or be made 
liable for by reason of the construction of the said railway or its 
appurtenances or by reason of any fault, carelessness, neglect or 
misconduct of the said company or its successors or assigns or its 
agents or servants in constructing, operating or maintaining said 








PART II. 


ORDINANCES. 


69 


Chicago & Western Dummy Ry. Co.—Cicero, 1882. 

railway and its appurtenances or by reason of any neglect or failure 
to comply with the provisions of this ordinance. 

Section 6. The rights and powers, franchises and privileges, 
hereby granted are to be taken and considered as a part of and be¬ 
longing and appertaining to the like rights, powers, franchises 
and privileges heretofore granted to said company in other streets 
and highways in said Town. 

Section 7. The right to operate said railway shall extend to 
the 1st day of July, A. D. 1901, at which time the rights and 
privileges herein and hereby given and granted shall cease unless 
the same are further extended. 

Section 8. The right is hereby reserved to regulate by ordi¬ 
nance the speed and the time and the manner of running cars upon 
and operating said railway, and also the right at all times to de¬ 
termine, by ordinance, in what portion of said street said track, 
side track, turnouts and switches shall be located and to regulate 
and change the same. 

Section 9. The rights and privileges hereby granted shall at 
all times be subject to the police regulations, powers and ordinances 
of said Town. 

Section 10. It shall be the duty of the said company and its 
successors and assigns, to keep all culverts under its tracks free 
from all obstructions at all times, and to build such culverts under 
its tracks of the kind, character and description as the said Board 
of Trustees shall from time to time direct, and the acceptance of 
the rights and franchises hereby granted by this ordinance by said 
company shall be held to be its consent to the obligations in this 
ordinance contained. 

Section 11. The powers and privileges hereby granted are 
(riven and Granted upon the express condition that the said com- 
pany shall pay all damages to the owners of the property abutting 
upon said Harlem Avenue which may be sustained by reason of 
the location of said railway. 

Section 12. This ordinance shall be in force from and after its 


passage. 





70 


ORDINANCES. 


PART II. 


RESOLUTION 


Or the Board of Commissioners of Cook County, Authorizing 
Construction of the Chicago and Western Dummy 
Railway in the Town of Proviso. 

[Passed November 20th, 1882.]* 


Resolved: 1. That permission and consent are hereby given and 
granted to the Chicago and Western Dummy Railway Company, its 
successors and assigns, to lay down, operate and maintain a single 
dummy railway track, with all necessary and convenient turn¬ 
outs, turn-tables, side-tracks and switches, upon, over and along 
the following named streets, avenues and directions, viz: Com¬ 
mencing at the east end of Sterling- street, in the town of Proviso, 
and running thence to the west end of said street in said town, and 
to cross Madison street at some convenient point, at or near Con¬ 
cordia Cemetery. 

2. The gauge of said railway shall be four (4) feet and eight and 
a half (8J) inches, and the cars, carriages and engines to be used 
on said dummy railway track or tracks, may be operated by steam. 
And the engines used thereon shall be such as are commonly called 
“ Dummy Engines.” 

3. The track or tracks of said railway shall not be elevated 
above the surface of the street at any street crossing, and shall be 
laid of modern “ T” rail, and shall be so laid that carriages and 
other vehicles can easily and freely cross said track or tracks, 
switches and turn-tables, at any and all street crossings, without 


obstruction. 

And the said company, its successors and assigns, shall at all 
times keep that portion of the streets which shall be occupied by 
such tracks, switches and turn-tables in as good repair and condi¬ 
tion as are the other portions of the streets on which said tracks 
are laid. Said road shall be so constructed that the ties or sleep- 


*The territory covered by this ordinance is now included within the municipal 
limits of the Village of Harlem. 










PART II. 


ORDINANCES. 


71 


Chicago & Western Dummy Ry. Co.—Proviso. 


ers shall be sunk to a level of the surface of the street. And the 
crossings of the streets and sidewalks shall be planked with at 
least two inch plank between and on either side of the rails. And 
all street and sidewalk approaches to the track of said company 
shall be built by said company, and by it kept in good order and 
condition as the same may from time to time lie ordered by the 
County Board of Cook County or the Highway Commissioners of 
said town of Proviso. 


4. And the said company and its successors and assigns shall 
save and keep harmless the said County of Cook, of and from any 
and all loss, damages and expenses which it may sustain or be 
made liable for bv reason of the construction or maintenance of the 
said railroad and its appurtenances, or by reason of any fault, care¬ 
lessness, neglect or misconduct of the said company and its succes¬ 
sors and assigns, or its agents or servants, in constructing, operat¬ 
ing and maintaining such railroad and its appurtenances; or by 
reason of any neglect or failure to comply with the provisions 
hereof. 

5. The said company and its successors and assigns shall not be 
allowed to charge more than five (5) cents for any one passenger 
between any and all points from the east end of the right of 
way hereby granted to any of the Cemeteries to which said com¬ 
pany may run its track. 

6. The right to operate said railroad shall extend to the first 
day of July, A. D. 1901 (that being the time limited by its 
charter), at which time the rights and privileges herein and hereby 
granted shall cease, unless the same are further extended. 

7. The right is hereby reserved to regulate the speed and the 
time and manner of running cars upon and operating said railroad, 
and also the right at all times to determine in what portion of the 
said streets said track, side-track and turnouts shall be located 


and to regulate and change the same. 

8. The rights and privileges hereby granted shall at all times 
be subject to the police regulations and powers of said County, and 
the Highway Commissioners of the town of Proviso. 





72 


ORDINANCES. 


PART II. 


Chicago & Western Dummy Ry. Co.—Proviso. 

9. It shall be the duty of the said company and its successors 
and assigns to keep all culverts under its track free from all ob¬ 
structions at all times, and to build such culverts under its tracks 
of the kind, character and description as the said County Board or 
said Highway Commissioners shall from time to time direct, and 
the acceptance of the rights and franchises hereby granted by said 
company shall be held to be as its consent to the obligations herein 
mentioned. 

10. The powers and privileges hereby granted are given and 
granted upon the express condition that the said company will pay 
all damages to owners of property abutting upon said streets, 
roads, highways or public grounds upon or over which said dummy 
railway is to be constructed, which may be sustained by reason of 
the location or construction of said dummy railway. 




PART II. 


ORDINANCES. 


73 


AN ORDINANCE 

In relation to the construction and operation of a Dummy 
Railway in the Village of River Forest. 

[Passed May 7th, 1883.] 

Be it ordained by the President and Board of Trustees of the 

Village of River Forest. 

Section 1. That permission and, consent are hereby driven and 
granted to the Chicago and Western Dummy Railway Company, its 
successors and assigns, to lay down and operate and maintain a 
single dummy railway track with all necessary and convenient 
turn-outs, side-tracks, switches and curves upon, over and along 
the following named streets, highways and directions, viz: 

Commencing at the east end of Elm Street in Elizabeth M. Ran¬ 
soms and others Subdivision of the west half of the east half of the 
South-west quarter of Section Twelve (12,) in Township Thirty- 
nine (39,) North Range Twelve (12,) East of the Third (3rd) 
Principal Meridian, (the said street being the centre east and west 
street in Subdivision) and running thence west to Magnolia Street 
in said Village and thence with a curve on said Magnolia Street to 
the center line of Madison Street. 

Section 2. The gauge of said railway shall be four (4) feet and 
eight and one-half inches (8j) and the cars, carriages and engines 
to be used on said Dummy Railway maybe operated by steam, and 
the engines used thereon shall be such as are commonly called 
“ Dummy Engines.” 

Section 3. The track of the said railway shall not be elevated 
above the surface of the street at any and all street and alley cross¬ 
ings, and shall be laid of modern “ T ” rail and shall be so laid 
that carriages and other vehicles can easily and freely cross said 
track, switches or side-tracks at any and all street crossings with¬ 
out obstruction; and the said company, its successors and assigns, 
shall at all times keep that portion of the streets which shall be 
occupied by the tracks of said company in as good repair, state 






74 


ORDINANCES. 


PART II. 


Chicago & Western Dummy Ry. Co.—River Forest. 

and condition as are tlie other portions of the said streets on which 
said tracks are laid, and the said company shall at all times comply 
with all orders and Ordinances in regard to the highways of said 
Village and the improvements thereof. 

Section 4. The said Company and its successors and assigns 
shall save and keep harmless the said Village of and from any and 
all loss, damage and expense which it may sustain or be made 
liable for by reason of the construction or maintenance of the said 
railway and its appurtenances or by reason of any fault, carelessness, 
negligence or misconduct of the said Company or its successors or 
assigns, or its or their agents or servants in constructing, operating 
and maintaining such railway and its appurtenances or by reason 
of any neglect or failure to comply with any of the provisions here¬ 
of. 

Section 5. The right to operate and maintain said railway shall 
extend to the first day of July, A. D. 11)01 (that being the time 
limited by its charter), at which time the rights and privileges here¬ 
by granted shall cease unless the same are further extended. 

Section 6 . The rights and privileges hereby granted shall at all 
times be subject to the police regulations and powers of said Vil¬ 
lage. 

Section 7. The powers and privileges hereby granted are given 
and granted upon the express condition that the said Company will 
pay all damages to the owners of property abutting upon the said 
streets upon and over which the said dummy railway shall be laid 
which may be sustained by reason of the location or construction 
of said dummy railway. 

Section 8 . The right to alter or amend this Ordinance is here¬ 
by expressly reserved by the said President and Board of Trustees 
of the said Village at any and all times. 

Section 9. This Ordinance shall be in force from and after its 
passage, Provided , however , that the said Company build said road 
within one year from the date of the passage hereof and that said 
Company build a suitable depot at the corner of Elm and Mag¬ 
nolia Streets. 




PART II. 


ORDINANCES. 


75 


AN ORDINANCE 

Concerning the Chicago, Harlem and Batavia Railway 

Company. 

[Passed October 5th, 1887.] 

Be it ordained by the Board of Trustees of the Town of Cicero: 

Section 1 . That, in addition to the rights, privileges and fran¬ 
chises heretofore conferred upon the Chicago and Western 
Dummy Railway Company, by an ordinance passed August 20, 
1881, entitled, “ An ordinance in relation to the construction and 
operation of a dummy railway in the Town of Cicero,” which 
rights, privileges and franchises are hereby vested in and confirmed 
to the Chicago, Harlem and Batavia Railway Company, its succes¬ 
sors or assigns, the further right is hereby given to said Chicago, 
Harlem and Batavia Railway Company, its successors and assigns, 
to maintain and operate a suburban passenger railway along the 
route prescribed in said ordinance of August 20, 1881, and the 
right to connect its track or tracks as now laid, or as they may 
hereafter be laid, with the track or tracks of the Chicago and 
Great Western Railroad Company over property which it may 
hereafter own or control at some convenient point, to be agreed 
upon by said companies, between Fortieth Street and Forty-sixth 
Street, in the Town of Cicero, and the right for that purpose, us¬ 
ing no greater curve than twelve degrees, to cross all necessary 
streets, alleys and public places, together with the right to 
straighten or render practicable all existing curves in said right of 
way or tracks, solely and only upon the terms, conditions, duties 
and obligations hereinafter in this ordinance set forth, and not 
upon any other terms, conditions, duties or obligations. 

Said company shall have the right to construct, maintain and 
operate, upon substantially the present grade of the existing track, 
a railroad with one or two tracks, with the necessary switches and 
turnouts; but no turnouts shall be constructed where a double 
track is used, parallel with said double track, and where a double 






PART II. 


76 ORDINANCES. 

Chicago, Harlem & Batavia Ky. Co.—Cicero. 

main track is used the center line between such tracks shall, as 
near as practicable, be the center line of said street, from a point 
of junction with said Great Western tracks, northerly and west¬ 
erly, to the west limits of said Town of Cicero. 

Section 2. In operating said road within the limits of the 
Town of Cicero, all locomotives shall use hard coal, or other 
equally smokeless motive power, except that in case of accidents, 
the disablement of the regular locomotives or the obstruction of 
the tracks from any cause or for purposes of construction or repair, 
soft coal locomotives may be used temporarily, but in no other 
case. 

It shall be the duty of said company to put in and keep and 
maintain in good order and repair, all traveled street crossings now 
existing or that hereafter may be made, said crossings to be the 
full width of the street, including sidewalks. Where the track 
or tracks of said company shall occupy a street or any part thereof 
lengthwise, said company shall, upon being notified by the board, 
fill up ditches and widen such part of the roadway of the street, 
and gravel the same to the satisfaction of the board, as may be 
necessary to allow the passage of vehicles on each side of said 
track or tracks, but not beyond the sidewalk line, using tile to 
drain ditches when necessary. 

It shall also be the duty of said company, either to put up, maintain 
and operate suitable safety gates, or to station flagmen at any and 
all street crossings where necessary and ordered by the board, and 
to put in and keep in good repair such culverts under the 
tracks of said company as may be ordered by said board upon streets 
crossing said right of way. 

Said company shall, when so ordered by the Board of Trustees, 
construct and keep in good order and repair such ditches or drains 
along its “ right of way,” as may be deemed necessary by the Board 
of Trustees, for suitable local drainage, and in case the Board of 
Trustees should, in pursuance of any plan now existing or that may 
hereafter be adopted, for the general drainage of the Town of 
Cicero, or any section thereof, deem it desirable to occupy and use 








PART II. 


ORDINANCES. 


77 


Chicago, Harlem & Batavia By. Co.—Cicero. 

any ditch or drain constructed for local drainage as aforesaid, or 
the land where the same should be constructed under the terms of 
this ordinance, or shall deem it necessary in pursuance of said plans 
to cross the right of way of said company within the limits of the 
franchises herein granted, it shall have the right so to do, and the 
same is hereby vested in said town free of all charge, condition or 
expense, and whenever any street shall hereafter be opened for 
travel crossing said right of way, the town shall have the right, 
free of all expense, to continue or extend said street across the 
aforesaid right of way, but not depot grounds, and for that purpose 
license is hereby reserved to the town to enter upon the land of 
said company and construct such street, the company to construct 
and maintain the crossing thereof, as hereinbefore provided; but no 
work shall be done upon or under the roadbed of said company ex¬ 
cept in conjunction with the chief engineer or other proper officer 
of said company, who shall attend to the matter as soon as notified 
by the board. 

All commutation tickets good for a definite number of rides, pur¬ 
chased by residents of the territory now comprising the Town of 
Cicero, shall be good when presented by the person purchasing the 
same for himself, and for any and all guests of his, and for any and 
all members of his family who may accompany him. 

Whenever, under any of the terms of this ordinance, any duty 01 
obligation is imposed upon said company, and it shall neglect or 
refuse to discharge the same, the town may serve a notice upon 
said company specifying therein the neglected 01 icfuscd duty or 
obligation, and shall call upon the company to discharge the same, 
and, if after serving such notice, said company shall neglect 01 le- 
fuse for thirty days to comply with such call, the town shall have 
the right to enter upon the premises of said company, and do and 
perform all things necessary to the discharge of such duty or obli¬ 
gation and charge all costs and expenses thereof to said company, 
and all moneys paid or obligations incurred by said town in such 
behalf, shall be an immediate demand against and be paid by said 
company. The rights hereby given shall not be deemed a substi- 





78 


ORDINANCES. 


PART II. 


Chicago, Harlem & Batavia Ry. Co.—Cicero. 

tute for, but an addition to any other rights or remedies the town 
may have to enforce obligations under this ordinance. 

All notices required by the terms of this ordinance to be served 
upon said company, may be served by leaving a copy thereof with 
the President, if he can be found in the County of Cook, or, if he 
shall not be so found, then by leaving a copy with any clerk, sec¬ 
retary, superintendent, general agent, cashier, director, engineer, 
conductor or station agent in the employ of said company. And 
a return under oath upon a copy or original of a notice so served 
by the person serving the same shall be jprima facie evidence that 
the statements made in such return are true. 

The word street as herein used shall include street, avenue, alley, 
court, park or other public thoroughfare, and the word person 
shall include persons, firms or corporations, and the masculine shall 
include the feminine. 

Section 3. The rights and privileges herein granted to said 
company are upon the express condition that it shall, in all re¬ 
spects, well and truly comply with all and singular the terms, con¬ 
ditions and stipulations of this ordinance, imposing terms, duties 
or obligations upon it, and upon its failure so to do for a reasona¬ 
ble time after such default shall be determined by a court of com- 
petent jurisdiction, then the Town may, if it so elects, and it 
hereby reserves the right so to do, enter upon the premises of said 
company and oust, divest and deprive it of all and singular the 
rights and privileges herein granted, reinvesting itself with all the 
rights it had before this ordinance was passed, and relegating said 
Company to the condition that existed before rights hereunder 
were acquired. 

Section 4. That all the rights and privileges herein conveyed 
to said company shall cease and terminate, and this ordinance be¬ 
come void and of no effect in behalf of said company, unless the 
same or its successors or assigns shall, within one year after the 
passage hereof (unavoidable delays by injunctions, strikes or other¬ 
wise, being excepted from said limit of one year), run passenger 
trains regularly between the western limits of the Town of Cicero 




PART II. 


ORDINANCES. 


79 


Chicago, Harlem & Batavia Ry. Co.—Cicero. 

and the general passenger depot of the Chicago and Great West¬ 
ern Railway Company, in the City of Chicago, over the route 
herein and in other ordinances described, and it is expressly under¬ 
stood, and the grants hereinbefore set forth are made upon the 
further express condition, that no freight trains shall be allowed 
to run over said route, or any part thereof, but that said company 
shall transact exclusively a suburban passenger business and no 
other over the same. 

Section 5. This ordinance is granted upon the still further 
express condition that said company shall indemnify, hold and 
save harmless said town from all costs, charges, expenses or damages 
to persons or property, arising directly or indirectly through the 
passage of this ordinance, or the exercise of any rights or privi¬ 
leges thereunder. 

Section 6. That this ordinance be in full force and effect from 
and after its passage and a written acceptance of the same by said 
company. 


ACCEPTANCE of the foregoing ordinance. 

Chicago, October 8th, 1887. 

Jo the Board of Trustees of the Town of Cicero , Cook County , 
Illinois: 

The Chicago, Harlem and Batavia Railway Company hereby 
signifies its acceptance of an ordinance entitled “ An ordinance 
concerning the Chicago, Harlem and Batavia Railway Company,” 
passed by the Town Board of Cicero the 5th day of October 
A. D. 1887, upon the conditions in said ordinance expressed. 

A. C. L AUSTEN, 

[Seal of Company.] President . 

Attest : 

Max Froelich, 

Secretary. 

Filed in the office of the Town Clerk of the Town of Cicero, 
October 8th, 1887. 




ORDINANCES. 


PART II. 


80 


AN ORDINANCE 

To AMEND AN ORDINANCE ENTITLED “ An ORDINANCE CONCERNING 

the Chicago, Harlem and Batavia Railway Com¬ 
pany,” passed October 5th, 1887. 

[Passed November 5th, 1887.] 

Be it ordained by the Board of Trustees of the Town of Cicero: 

Section 1 . That an ordinance entitled “ An Ordinance con¬ 
cerning the Chicago, Harlem and Batavia Railway Company,” 
passed October 5th, 1887, be, and the same is hereby amended so 
that in addition to the rights and privileges conferred upon said 
Company by said Ordinance, permission and authority be, and the 
same are hereby granted to the Chicago, Harlem and Batavia Rail¬ 
way Company, its successors or assigns, to lay down, maintain and 
operate a railroad with one or two tracks on Crawford Avenue, 
otherwise called Fortieth Street, in the Town of Cicero, from Ran¬ 
dolph Street, southerly to the south limits of said Town. 

Section 2. This Ordinance is granted upon the still further express 
condition that said Company shall indemnify, hold and save harm¬ 
less said Town, from all costs, charges, expenses or damages to 
persons or property, arising directly or indirectly through the pass¬ 
age of this Ordinance, or the exercise of any rights or privileges 
thereunder. 

Section 3. That this ordinance be in full force and effect from 
and after its passage, and a written acceptance of the same by said 
Company. 


ACCEPTANCE of foregoing Ordinance. 

Chicago, Nov. 5th, 1887. 

To the Board of Trustees of the Town of Cicero: 

The Chicago, Harlem and Batavia Railway Company hereby 
signifies its acceptance of an ordinance entitled, “ An Ordinance 
to amend an ordinance entitled ‘ an ordinance concerning the Chi- 







PART II. 


ORDINANCES. 


81 


Chicago, Harlem & Batavia Ry. Co.—Cicero. 

cago, Harlem and Batavia Railway Company,’ passed October 5, 
1887,” passed by your Board November 5, 1887. 

Yours respectfully, 

The Chicago, Harlem & B. Ry. Co. 

Edward Gr. Uihlein, 

[seal.] Vice President. 

Attest : 

Max Froelich, 

Secretary. 

Filed in the office of the Town Clerk of the Town of Cicero, No¬ 
vember 5 th, 1887. 




82 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Concerning The Chicago, Harlem and Batavia Railway 

Company. 

[Passed October 10th, 1887.] 

Be it or clamed by the President and Board of Trustees of the Vil¬ 
lage of Harlem: 

Section 1 . That, in addition to the rights, privileges and fran¬ 
chises heretofore conferred upon the Chicago and Western Dummy 
Railroad Company by a Resolution adopted by the Board of County 
Commissioners of Cook County, November 20, 1882, which rights, 
privileges, and franchises are hereby vested in the Chicago, Harlem 
and Batavia Railway Company, its successors and assigns, the fur¬ 
ther right is hereby given to said Chicago, Harlem and Batavia 
Railway Company, its successors and assigns, to maintain and oper¬ 
ate a suburban passenger railway along the route prescribed in 
said Resolution of November 20, 1882, solely and upon the 
terms, conditions, duties and obligations hereinafter in this Ordi¬ 
nance set forth, and not upon any other terms, conditions, duties 
and obligations. 

Said Company, and its successors or assigns, shall have the right 
to construct, maintain and operate, upon substantially the present 
grade of the existing track, a railroad, with one or two tracks, with 
the necessary switches and turnouts; but no turnouts shall be 
constructed where a double track is used, parallel with said double 
track, and where a double main track is used, the center line be¬ 
tween .such tracks shall, as near as practical, be the center line of 
said Sterling Street. 

Section 2. In operating said road within the limits of the Vil¬ 
lage of Harlem, all locomotives shall use hard coal, or other equally 
smokeless motive power, except that in case of accidents, the dis¬ 
ablement of the regular locomotives or the obstruction of the tracks 
from any cause or for purposes of construction or repair, soft coal 
locomotives may be used temporarily, but in no other case. 





PART II. 


ORDINANCES. 


83 


Chicago, Harlem & Batavia By. Co.—Harlem. 


Said Company, and its successors or assigns, shall also have the 
right to construct, maintain and operate its said Railroad with one 
or two tracks upon substantially the same grade as its existing 
track over and across that part of Madison Street now occupied 
and used by said Company in said Village of Harlem, thence 
southerly to the present terminus of said Company’s tracks, and 
thence southerly to the southern limits of Harlem over and upon 
any land now owned by said Company, or that hereafter may be 
owned or controlled by said Company; Provided , said Company 
shall construct and keep in good order and repair such ditches or 
drains along such right of way as may be deemed necessary by the 
Board of Trustees of said Village of Harlem, for suitable drainage, 
and in constructing said Railroad on the route aforesaid, the right 


to cross all streets, alleys and public places. 

It shall be the duty of said Company to put in, and keep and 
maintain in good order and repair, all traveled street crossings now 
existing, or that hereafter may be made, said crossings to be the 
full width of the street, including sidewalks. And said Company 
shall, upon being notified by the Board, till up ditches and widen 
such part of the rocdway of said Sterling Street, and gravel the 
same to the satisfaction of the Board, as may be necessary to allow 
the passage of vehicles on each side of said track, or tracks, but not 
beyond the sidewalk line, using tile to drain ditches when neces¬ 
sary, and of such size and quality as may be ordered by the Board. 

It shall be the duty of said Company, either to put up, maintain 
and operate suitable safety gates, or to station flagmen at any and 


all Street crossings where necessary and ordered by the Board, and 
to put in and keep in good repair such culverts under the tracks of 
said Company as may be ordered by said Board upon streets cross¬ 
ing said right of way. 

Said Company shall, when so ordered by the Board of Trustees, 
construct and keep in good order and repair such ditches or drains 
along “ its right of way” as may be deemed necessary by the Board 
of Trustees, for suitable local drainage, and in case the Board of 
Trustees should in pursuance of any plan now existing, or that may 







ORDINANCES. 


PART II. 


84 


Chicago, Harlem & Batavia Ry. Co.—Harlem. 

hereafter be adopted, for the general drainage of said Village of 
Harlem, or any section thereof, deem it desirable to occupy and use 
any ditch or drain constructed for local drainage as aforesaid, or 
the land where the same should be constructed under the terms of 
this Ordinance, or shall deem it necessary in pursuance of said 
plans to cross the right of way of said Company within the limits 
of the franchises herein granted, it shall have the right to do so, 
and the same is hereby vested in said Village of Harlem, free of all 
charge, condition or expense, and whenever any street shall here¬ 
after be opened for travel crossing said right of way, said Village 
of Harlem shall have the right, free of all expense, to continue or 
extend said street across the aforesaid right of way, but not depot 
grounds and for that purpose license is hereby reserved in the Vil¬ 
lage of Harlem to enter upon the land of said Company and con¬ 
struct said street, the Company to construct and maintain the cross¬ 
ing thereof, as hereinbefore provided; but no work shall be done 
upon or under the roadbed of said Company except in conjunction 
with the Chief Engineer or other proper officers of said Com¬ 
pany, who shall attend to the matter as soon as notified by the 
Board. 

And these rights, privileges and franchises are granted upon the 
express condition that said Chicago, Harlem and Batavia Railway 
Company, its successors or assigns, shall construct and maintain a 
substantial and suitable railway station for the use of the public and 
for the sale of tickets at or near Des Plaines Avenue in said Village 
of Harlem, and that all passenger trains of said railway shall stop 
at said station. 

All commutation tickets good for a definite number of rides, pur¬ 
chased by residents of the territory now comprising the Village of 
Harlem, shall be good when presented by the person purchasing 
the same for himself, and for any and all guests of his, and for any 
and all members of his family who may accompany him; and the 
commutation rates from Chicago to any and all stations in the Vil¬ 
lage of Harlem shall be pro rata with rates charged by said Com¬ 
pany to stations between Chicago and the Village of Harlem; and 





PART II. 


ORDINANCES. 


85 


Chicago, Harlem & Batavia Ry. Co.—Harlem, 
no discrimination shall be made against the Village of Harlem, in 

O O 7 

matter of commutation rates. 

The word person shall include persons, firms or corporations, and 
the masculine shall include the feminine. 

Whenever under any of the terms of this ordinance, any duty or 
obligation is imposed upon said Company and it shall neglect or re¬ 
fuse to discharge the same, the Village of Harlem may serve a no¬ 
tice upon said Company specifying therein the neglected or refused 
duty or obligation, and call upon the Company to discharge the 
same, and, if after serving such notice, said Company shall neglect 
or refuse for thirty days to comply with such call, the Village of 
Harlem shall have the right to enter upon the premises of said Com¬ 
pany, and do and perform all things necessary to the discharge of 
such duty or obligation, and charge all costs and expenses thereof 
to said Company, and all moneys paid or obligations incurred by 
said Village in such behalf, shall be an immediate demand against 
and be paid by said Company. The rights hereby given shall not 
be deemed a substitute for, but an addition to any other rights or 
remedies the Village of Harlem may have to enforce obligations 
under this Ordinance. 

All notices required by the terms of this Ordinance to be served 
upon said Company, may be served by leaving a copy thereof with 
the President, if he can be found in the County of Cook, or, if he 
shall not be so found, then by leaving a copy with any Clerk, Sec- 



Conductor or Station Agent in the employ of said Company. And a 
return under oath upon a copy or original of a notice so served by 
the person serving the same shall be prima facie evidence that the 
statements made in such return are true. 

Section 3. The rights and privileges herein granted to said 
Company are upon the express condition that it shall, in all re¬ 
spects well and truly comply with all and singular the terms, 
conditions and stipulations of this Ordinance, imposing terms, du¬ 
ties and obligations upon it, and upon its failure so to do for a rea¬ 
sonable time after such default shall be determined by a Court of 





ORDINANCES. 


PART II. 


8 (> 


Chicago, Harlem & Batavia Ry. Co.—Harlem. 

competent jurisdiction, then the Village of Harlem may if it so 
elects, and it hereby reserves the right so to do, enter upon the 
premises of said Company and oust, divest and deprive it of all and 
singular the rights, and privileges herein granted, re-investing it¬ 
self with all the rights it had before this Ordinance was passed and 
relegating said Company to the conditions that existed before 
rights hereunder were acquired . 

Section 4. That all the rights and privileges herein conveyed 
to said Company shall cease and determine, and this Ordinance be¬ 
come void and of no effect in behalf of said Company, unless the 
same or its successors or assigns shall, within one year after the 
passing hereof (unavoidable delay by injunctions, strikes, or other¬ 
wise, being excepted from said limit of one year), run passenger 
trains regularly between the Western limits of the Village of Har¬ 
lem and the Eastern limits of the Village of Harlem, over the route 
herein and in said Resolution described, and it is expressly under¬ 
stood, and the grants herein set forth are made upon the further 
express condition, that no freight trains , shall be allowed to run 
over said route or any part thereof, but that said Company shall 
transact exclusively a suburban passenger business and no other 
over the same. 

Section 5. This ordinance is granted upon the still further ex¬ 
press condition that said Company shall indemnify, hold and save 
harmless said Village of Harlem from all costs, charges, expenses 
or damages to persons or property, arising directly or indirectly 
through the passage of this ordinance, or the exercise of any rights 
or privileges thereunder. 

Section 6 . That this Ordinance be in full force and effect from 
and after its passage and after a written acceptance of the same bv 
said Company. 






PART II. 


ORDINANCES. 


87 


Chicago, Harlem & Batavia By. Co.—Harlem. 


ACCEPTANCE or the foregoing Ordinance. 


Chicago, October 10, 1887. 

To the President and Board of Trustees of the Village of Harlem , 
Cook County, 111.: 

The Chicago, Harlem and Batavia Railway Company hereby sig¬ 
nifies its acceptance of an Ordinance entitled “ An Ordinance con¬ 
cerning the Chicago, Harlem and Batavia Railway Company,” 
passed by the President and Board of Trustees of the Village of 
Harlem, the 10th day of October, A. D. 1887, upon the conditions 
in said Ordinance expressed. 

A. C. L AUSTEN, 

President. 


Attest : 

Max Froelich, 

Secretary. 


Filed in the office of the Village Clerk of the Village of Harlem, 
October 10th, 1887. 




88 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Concerning the Chicago, Harlem and Batavia Railway 

Company. 

[Passed December 1st, 1887.] 


Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Biver Forest: 

Section 1 . That in addition to the rights, privileges and fran¬ 
chises heretofore conferred upon the Chicago and Western Dummy 
Railway Company by an Ordinance entitled: An Ordinance in rela¬ 
tion to the construction and operation of a Dummy Railway in the 
Village of River Forest, passed May 7th, 1883, and approved May 
7tli, 1883, which rights, privileges and franchises are hereby vested 
in and confirmed to the Chicago, Harlem and Batavia Railway 
Company, its successors or assigns, the further right is hereby 
given to the said Chicago, Harlem and Batavia Railway Company, 
its successors and assigns, to construct, maintain and operate a pas¬ 
senger railroad consisting' of not more than two tracks with all 
necessary switches along the route hereinafter described solely and 
only upon the terms, conditions, duties and obligations hereinafter 
in this Ordinance set forth, and not upon any other terms, condi¬ 
tions, duties and obligations. Said Company shall have the right to 
construct, maintain and operate a railroad consisting of not more 
than two tracks upon substantially the present grade of the exist¬ 
ing track from a point on the Eastern limits of the Village of 
River Forest at the western terminus of Sterling Street upon any 
land which said Company now owns or controls, or may hereafter 
own or control and in, along and upon Elm Street as it now is or 
hereafter may be platted, to the west line of East half of South 
West quarter of section twelve, Township thirty-nine, in said Vil¬ 
lage ; thence southerly along east side of said west line of said 
quarter section and within one hundred feet thereof, and in, along 
and upon Magnolia Street as it now is or hereafter may be platted 
to the south limits of said Village of River Forest; said Company 




PART II. 


ORDINANCES. 


89 


Chicago, Harlem & Batavia Ey. Co.—Eiver Forest. 


shall have the right to construct, maintain and operate the said 
railroad upon any land which the said Company now owns or con¬ 
trols or hereafter may acquire, from the west line of said east half 
of said south-west quarter of said section twelve, west and north to 
the Chicago and Wisconsin Railroad right of way to a point south 
of the south line of Hawthorne Avenue so as to form a connection 
therewith, and it shall he the duty of said Chicago, Harlem and 
Batav*a Railway Company to make said connection as aforesaid, 
together with the rmht to cross all necessary streets, alleys and 
public places using curve at Elm Street and Magnolia Street, and 
at place of connection with the track of said Chicago and TV iseon- 
sin Railroad Company. 

Section 2. In operating said road within the limits of the said 
Village of River Forest, it shall be the duty of said company, its 
grantees, lessees, successors and assigns, to use exclusively on all 
locomotives hard coal or other equally smokeless motive power, ex¬ 
cept that in case of accidents the disablement of the regular loco¬ 
motives or the obstruction of the tracks from any cause, or for pur¬ 
poses of construction or repair, soft coal locomotives may be used 
temporarily, but in no other case; it shall be the duty of said com¬ 
pany, its grantees, lessees, successors and assigns, at its or their 
own expense to put in and keep and maintain in good order and 
repair, all street crossings now existing or that hereafter may be 
made ; said crossings to be the full width of the street and including 
sidewalks where the track or tracks of said Company shall occupy 
a street or any part thereof lengthwise; said Company shall, upon 
being notified by the Board of Trustees of said Village fill up ditches 
and widen such part of the roadway of the street and gravel the 
same to the satisfaction of said Board as may be necessary to allow 
the passage of vehicles on each side of said track 01 tiacks, but not 
beyond the sidewalk line. It shall also be the duty of said Com¬ 
pany, its grantees, lessees, successors and assigns, without expense 
to the Village either to put up, maintain and operate suitable 
safety gates or to station flagmen at any or all crossings or both 
where ordered by the Board oi Trustees of said \ illage, and to put 





90 


ORDINANCES. 


PART II. 


Chicago, Harlem & Batavia Ry. Co.—River Forest. 

in and keep in good repair such culverts under the tracks of said 
Company as may be ordered by said Board upon any streets that 
now or may hereafter cross said right of way without expense to 
said Village. It shall be the duty of said Company, its grantees, 
lessees, successors and assigns at said Company’s own expense, 
when ordered by the Board of Trustees of said Village, to con¬ 
struct and keep in good repair such ditches or drains along its 
right of way as may be deemed necessary by the Board of 
Trustees of said Village for suitable local drains, and 
in case the Board of Trustees of said Village should in 
pursuance of any plan now existing or that may hereafter be 
adopted for the general drainage of the Village of River Forest or 
any section thereof deem it desirable to occupy and use any ditch 
or drain constructed for local drainage as aforesaid or the land 
where the same should be constructed under the terms of this Or¬ 
dinance, or shall deem it necessary in pursuance of said plans to 
cross the right of way of said Company within the limits of the 
franchises herein granted it shall have the right to do so, and the 
same is hereby vested in said Village free of all charge, condition 
or expense, and whenever any street shall hereafter be opened for 
travel, crossing said right of way, the Village shall have the right 
free of all expense to continue or extend said street across the 
aforesaid right of way but not depot grounds, and for that pur¬ 
pose the right is hereby reserved to the Village of River Forest to 
enter upon the lands of said Company and construct such street, 
the Company to construct and maintain the crossing thereof as 
hereinbefore provided, but no work shall be done upon or under 
the road-bed of said Company except in conjunction with the Chief 
Engineer or other proper officer of said Company who shall attend 
to the matter as soon as notified by the Board. All commutation 
tickets good for a definite number of rides purchased by residents 
of the territory now comprising the Village of River Forest, shall 
be good when presented by the person purchasing the same, and 
for any and all guests of such person, and for any and all members 
of the family who may accompany such person. 







PART II. 


ORDINANCES. 


91 


Chicago, Harlem & Batavia By. Co.—Biver Forest. 


Whenever under any of the terms of this Ordinance, any duty or ob¬ 
ligation is imposed upon said Company and it shall neglect or refuse 
to discharge the same, the Village may serve a notice upon said Com¬ 
pany specifying therein the neglected or refused duty or obligation, 
and call upon the Company to discharge the same and if after serving 
such notice said Company shall neglect or refuse for thirty days to 
comply with such call, the Village shall have the right to enter upon 
the premises of said Company and do and perform all things neces¬ 
sary to the discharge of such duty or obligation and charge all 
costs and expenses thereof to said Company and all money paid 
or obligations incurred by said Village in such behalf shall be an 
immediate demand against, and be paid by said Company its 
grantees, lessees, successors or assigns. The right hereby given 
shall not be deemed a substitute for, but an addition to any other 
rights or remedies the Village may have to enforce obligations un¬ 
der this ordinance. All notices required by the terms of this Or¬ 
dinance to be served upon said Company maybe served by leaving a 
copy thereof with the President of said Company if he can be found in 
the County of Cook or if he shall not be found so, then by leaving 
a copy with any Clerk, Secretary, Superintendent, General Agent, 
Cashier, Director, Engineer, Conductor or Station Agent in the 
employ of said Company, its grantees, lessees, successors or assigns, 
and a return under oath upon a copy or original of a notice so served 
by the person serving the same shall be prima facie evidence that 
the statements made in such return are true, the word street 
as herein used shall include street, avenue, alley, court or other 
public thoroughfare, and the word person shall include persons, 
firms or corporations, and the masculine shall include the feminine. 

Section 3. Each and every one of the rights and privileges 
herein granted to said company, are upon the express condition 
which shall be a condition precedent, that said company shall in all 
respects well and truly comply with all and singular the terms, 
conditions and stipulations of this Ordinance, imposing terms, 
duties and obligations upon it, and upon its failure so to do within 
ninety days after notice of such default, then the Village may, if 




ORDINANCES. 


PART II. 


1)2 


Chicago, Harlem & Batavia Ry. Co.—River Forest. 


it so elects, repeal this Ordinance, and it hereby reserves the right 
so to do, and enter upon the premises of said Company and oust, 
divest and deprive it of all and singular the rights and privileges 
herein granted, reinvesting itself with all the rights it had before 
this ordinance was passed, and relegating said Company to the 
condition that existed before rights hereunder were acquired. 

Section 4. That all the rights and privileges herein granted to 
said Company, its grantees, lessees, successors and assigns, shall 
cease and terminate, and this Ordinance become void, and of no 
effect in behalf of said Company, unless the same and its succes¬ 
sors and assigns shall within one year after the passage hereof 
(unavoidable delays by injunctions, strikes or otherwise being ex¬ 
cepted from said limit of one year), run passenger trains regularly 
between Oak Avenue Station in said Village of River Forest by 
way of the line of the said Chicago, Harlem and Batavia Railway 
Company through the town of Cicero to the general passenger 
depot of the Chicago and Great Western Railroad Company in the 
City of Chicago. And it is expressly understood the grants here¬ 
inbefore set forth are made upon the further express condition that 
no freight trains shall be allowed to run over said route or any 
part thereof east of Magnolia Street, but that said Company, its 
grantees, lessees, successors and assigns, shall transact an exclusively 
suburban passenger business and no other over the same. 

Section 5. This Ordinance is granted upon the still further ex¬ 
press condition that said Company, its grantees, lessees, successors 
and assigns shall indemnifv, hold and save harmless said Village 
from all costs, expenses or damages to persons or property arising 
directly or indirectly through the passage of this Ordinance or the 
exercise of any rights or privileges thereunder. 

Section 6. The permision and authority and privileges hereby 
granted are upon the express condition that the said Chicago, Har¬ 
lem and Batavia Railway Company, its grantees, lessees, successors 
and assigns, shall build, erect and maintain a railway passenger sta¬ 
tion at or within one hundred feet from the corner of Magnolia 

O 

Street and Elm Street, as heretofore located by the Ordinances of 





PART II. 


ORDINANCES. 


93 


Chicago, Harlem & Batavia Ry. Co.—River Forest. 


said Village, and West of the intersection of the North and South 
branch tracks of said railway as contemplated by this Ordinance. 
That said passenger station shall not be inferior in style, size or 
finish to the depot of the Chicago and Great Western Railroad, 
designated as Oak Park Station. That all the suburban trains 
of said Chicago, Harlem and Batavia Railway Company shall stop 
at said station to receive and let off passengers. 

Section 7. The permission and authority hereby granted are upon 
the further express condition that said Chicago, Harlem and Bata¬ 
via Railway Company shall either itself run daily or cause to be 
run daily by some other railroad company between the general 
passenger station of the Chicago and Great Western Railroad Com¬ 
pany in Chicago and some point north of Oak Avenue in said Vil¬ 
lage a no less number of suburban passenger trains than there are 
now running over the right of way heretofore granted by Ordi¬ 
nance to the Chicago and Wisconsin Railroad Company to said 
River Forest station, which shall run at times as convenient as at 
present between said railway terminus in Chicago and said River 
Forest station, near Oak Avenue, or to some point beyond the 
same, meaning and intending that the suburban train service be¬ 
tween the Chicago and Great Western Railroad depot at Chicago 
and said River Forest station, near Oak Avenue, shall not be im¬ 
paired or lessened. 

Section 8 . The permission and authority and privileges hereby 
^ranted are upon the express condition that this Oidinance shall be 
binding upon the Chicago, Harlem and Batavia Railway Company, 
its successors, assigns, lessees, grantees, or any of them, and upon 
every person or corporation claiming any of the benefits conferred 

by this Ordinance or using the same. 

Section 9. It shall be the duty of said Railroad Company, its 
successors and assigns, to make approaches for a cairiage way on 
Vine Street over the Viaduct of the Chicago and Wisconsin Rail¬ 
road when said Street is opened by said t illage foi tia\cl. The 
permission and authority hereby granted are upon the further ex¬ 
press condition that said Chicago, Harlem and Batavia Railway 




04 


ORDINANCES. 


PART II. 


Chicago, Harlem & Batavia Ry. Co.—River Forest. 

Company shall at its own expense and within one year from the 
date of the passage of this Ordinanee procure the right of way 
for the extension of Elm Street, Sixty-six (66) feet wide across the 
right of way and over the tracks of the Chicago and Wisconsin 
Railroad Company, and shall at its own expense within said one 
year furnish the material and construct and forever maintain earth 
approaches the full width of street on both sides of the tracks of 
said Chicago and Wisconsin Railroad Company and construct and 
maintain the street crossing and cover the said approaches with 
gravel to the thickness of at least six inches, which said approaches 
shall have a grade of not more than one foot rise in every ten feet 
of said approaches from the level of the street to the said tracks, 
all to be constructed in a manner satisfactory to the Board of 
Trustees of said Village, and shall also construct sidewalks on both 
sides of the street upon and over said approaches and across the 
right of way of said Chicago and Wisconsin Railroad Company 
when required by the Board of Trustees of said Village which 
said sidewalk shall be constructed with a railing or guard on one 
side thereof. 

Section 10. This Ordinance is granted upon the further ex¬ 
press condition that it is and shall be subject to any and all gen¬ 
eral Ordinances of this Village now in force or that may hereafter 
be adopted. 

Section 11. This Ordinance shall be in full force and effect 
from and after a written acceptance of the same by said Company, 
provided that said Company shall so accept the same within thirty 
days from the date of the passage hereof. 






PART II. 


ORDINANCES. 


95 


Chicago, Harlem & Batavia Ry. Co.—River Forest. 


ACCEPTANCE or foregoing Ordinance. 

Chicago, December 22nd, 1887. 

Hon. Herman Scharenberg , President Board of Trustees of River 
Forest , Probate Court , Court House, City. 

Dear Sir: The Chicago, Harlem and Batavia Railway Com¬ 
pany hereby signifies its acceptance of an ordinance passed by the 
Village Board of River Forest, Decomber first, 1887, upon the 
terms and conditions in said ordinance contained. 

D. S. Wegg, 

President. 

Filed in the office of the Village Clerk of the Village of River 
Forest, January 5th, 1888. 




96 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Concerning the Bridgeport and South Chicago Railroad 

Company. 

[Passed November 12th, 1887.] 

Be it ordained by the Board of Trustees of the Town of Cicero : 

Section 1 . That permission and authority be, and the same 
are hereby granted to the Bridgeport and South Chicago Railroad 
Company, its successors or assigns, to lay down, maintain and 
operate a railroad with one single track over property which said 
railroad company may hereafter own or control and in, along and 
upon Egan Avenue, otherwise called Thirty-ninth Street, in the 
Town of Cicero, from the east limits of said Town of Cicero west¬ 
erly to the west line of Crawford Avenue, with the right to cross 
all necessary streets, alleys and public places and the right to form 
connections with other railroads upon property which said company 
may hereafter own or control. 

Section 2. Said railroad company shall save and keep harmless 
said Town of Cicero from any and all damages that may arise by 
reason of the construction or operation of said road. 

Section 3. The rights and privileges hereby given and granted 
are given and granted upon the further express condition that the 
said company, its successors and assigns, shall for six years annu¬ 
ally, on or before the first day of January in each year pay into 
the treasury of the Town of Cicero, the sum of Five hundred Dol¬ 
lars ; the first payment to be made on the acceptance of this ordi¬ 
nance by the said company, and the total sum not to exceed the 
sum of Three Thousand Dollars; and this section shall be binding 
and obligatory on said company, whether the territory mentioned 
in the first section hereof remains within the limits of the said 
town or not. 

Section 4. This ordinance shall be in full force and effect from 
and after its passage, and after the filing of a written acceptance 
of the same with the Clerk of the Town of Cicero. 


I 







PART II. 


ORDINANCES. 


97 


Bridgeport & South Chicago R. R. Co.—Cicero. 


ACCEPTANCE of foregoing Ordinance. 


Chicago, November 12th, 1887. 

To the Honorable , the Board of Trustees of the Town of Cicero: 

Gentlemen: The Bridgeport and South Chicago Railroad 
Company hereby signifies its acceptance of an ordinance entitled 
44 An Ordinance concerning the Bridgeport and South Chicago 
Railroad Company,” passed November 12th, 1887, upon the terms 
and conditions therein contained. 


[seal.] 

Attest : 

W. E. Duncombe, 

Secretary. 


D. S. Wegg, 

President. 


Filed in the office of the Town Clerk of the Town of Cicero, 
November 12th, 1887. 







98 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Repealing an ordinance entitled “ An Ordinance Concerning 
the Bridgeport and South Chicago Railroad Com¬ 
pany.” Passed November 12th, 1887. 

[Passed April 21st, 1888.]* 

Be it ordained by the Board of Trustees of the Town of Cicero: 

Section 1 . That an ordinance entitled “ An Ordinance concern¬ 
ing the Bridgeport and South Chicago Railroad Company ” passed 
by this board on the 12th day of November, A. D. 1887, and grant¬ 
ing to said company the permission to lay down and operate a 
single track railroad in, along and upon Egan Avenue otherwise 
called Thirty-Ninth Street, be, and the same is, hereby repealed. 

Section 2. That a warrant be drawn on the treasury of the 
town payable to said company for the sum ‘of Five hundred dollars, 
for the purpose of refunding to said company the said sum by it 
paid into the treasury of the town at the time of its acceptance of 
said ordinance. 

Section 3. That this ordinance take effect, and be in force from 
and after its passage. 

* This ordinance is of no force and effect., as the first payment provided for in the 
preceding ordinance was made by the Company and accepted by the Town of 
Cicero. 

The subsequent installments have been duly tendered by the Company and 
refused by the Town officials. 







PART II. 


ORDINANCES. 


99 


AN ORDINANCE 

Relating to the Chicago and Southwestern Railroad Company. 

[Passed August 2d, 1890.] 

Be it ordained by the Board of Trustees of the Town of Cicero: 

Section 1 . That permission and authority he and they are 
hereby granted to the Chicago and Southwestern Railroad Com¬ 
pany, its grantees, lessees, successors and assigns, to lay down, 
maintain and forever use and operate with steam or other motive 
power one or more railroad tracks, with the necessary side-tracks, 
switches and appurtenances upon and along such right of way not 
exceeding one hundred feet in width as it now holds or may here¬ 
after acquire by purchase, lease, gift, condemnation or otherwise, 
and in Harlem Avenue as hereinafter provided on the following 
routes to be connected with each other in such manner as said rail¬ 
road company may elect, that is to say: 

First. Commencing at the east boundary line of said Town of 
Cicero at some convenient point to be selected by said railroad 
company between the old St. Charles Air Line grade, so-called, 
and a point not more than one thousand feet south of Twelfth Street, 
thence south-westerly and north of the Cicero Park way, so-called, 
and the Riverside Boulevard, so-called, to the western boundary 
line of said Town of Cicero; 

Second. Commencing at or near the intersection of Harlem 
Avenue with the main tracks of the Chicago and Northern Pacific 
Railroad Company, formerly known as the Chicago and Great 
Western Railroad Company, thence southerly to the south bound¬ 
ary line of said Town of Cicero, with the right to construct, main¬ 
tain and operate said railroad in, along and upon all that portion 
of said Harlem Avenue lying within the limits of said Town 
of Cicero and between said main tracks of said Chicago and North¬ 
ern Pacific Railroad Company and said southern boundary line of 
said Town of Cicero. 

Provided , however , that said railroad company may construct 



> > 




LUO 


ORDINANCES. 


PART II. 


Chicago & Southwestern K. K. Co.—Cicero. 

upon all adjoining lands which it may acquire along the routes 
above described, such round houses, machine shops, power plants, 
elevators and similar structures as it may desire, with the right to 
lay down, maintain and forever use in connection therewith such 
switches, sidings, turnouts, yards and track connections as may be 
necessary or convenient, and over all adjoining lands which it may 
acquire along the routes above described, to connect with such 
railroad tracks as are now or hereafter may be constructed, and 
with the Grant Locomotive Works or other industries that may be 
located upon Section 21. 

And for said purposes the right is hereby granted to cross with 
the said tracks all the streets, highways, alleys, public places and 
railroad tracks upon or along the lines of said routes, switches, 
sidings, turnouts, yards and track connections, provided no street 
or alley shall be occupied lengthwise except said Harlem Avenue; 
and when the tracks of said line first above described shall cross 
any street, avenue or alley in said Town of Cicero, the grade of 
its said tracks shall not be more than four feet above the grade of 
the avenue, street or allev over which it crosses. 

Section 2. Permission is also hereby granted to said Chicago 
and Southwestern Railroad Company, its grantees, lessees, suc¬ 
cessors and assigns, to erect and forever maintain and use a tele¬ 
graph line consisting of one or more lines of wire, with the neces¬ 
sary poles, along and within the right of way of said Chicago and 
Southwestern Railroad Company on the routes hereinbefore desig¬ 
nated, on condition that the poles hereby authorized to be erected 
shall not be placed upon any avenue, street or alley, except Har¬ 
lem Avenue aforesaid, unless hereafter authorized by the Board 
of Trustees of said Town. One wire shall be furnished and at¬ 
tached to the poles of the company upon the top arm of such tele¬ 
graph poles for the exclusive use of the Town of Cicero 
when so ordered by the Town, the original and actual cost of the 
wire, as also the cost of maintenance of the same, to be paid by 
the Town as and when the material is furnished and the expense 
incurred by the said railroad company. 


<> C ‘o c. 

«> u 


> 




PART II. 


ORDINANCES. 


101 


Chicago & Southwestern R. It. Co.—Cicero. 


Section 3. Said railroad company, its grantees, lessees and 
successors, shall keep, obey and observe all laws and ordinances 
obligatory and binding upon it to be kept, obeyed and observed 
pertaining to the management, regulation and control of Railroad 
and Telegraph companies, and also in respect to ditches, drains and 
sewers and the suitable and proper maintenance of street and rail¬ 
way crossings and the proper police and health regulations of said 
Town. 

Section 4. A ditch on the north side of the track or tracks along 
the route first above described shall be constructed under the super¬ 
vision and direction of the Town Engineer and maintained by said 
company so as to constitute perfect drainage into the ditches and 
sewers running north and south under said right of way, and good, 
Avell placed stone culverts at least six feet in width in the clear 
shall be constructed by said railroad company free of expense to 
the Town where the right of way crosses any north and south street 
or avenue, and good, substantial rests shall also be laid across all 
such sewers as are now or may hereafter be constructed so as to 
protect said sewers from damage by the running of trains. And 
wherever said Town shall decide to cross the right of way of said 
company either by the extension of avenues, streets or alleys now ex¬ 
isting or by the opening of new ones, and culverts shall be necessary 
for suitable drainage, it shall be the duty of said company to con¬ 
struct said culverts at its own expense promptly upon being notified 
to do so, and said railroad company shall have the right to lay a 
pipe or pipes underground for the purpose of conveying water from 
the DesPlaines river to such property as it may now own or here¬ 


after acquire in Section 19 hereinafter referred to and for that pur¬ 
pose may cross any intervening streets, alleys or public places, 
under the supervision and direction of the Town Engineer, and 


said company shall restore said streets, alleys or public places to as 
good a condition as they were in before said pipe or pipes were laid. 

Section 5. The privileges and authority hereby granted and 
given to said railroad company are given and granted upon the 
further express conditions: 




102 


ORDINANCES. 


FART II. 


Chicago & Southwestern R. R. Co.—Cicero. 


1st. That the said railroad company shall grade in a proper 
manner the.approaches of all streets, avenues and alleys now open, 
crossing said railroad, and all that may hereafter be opened at an 
incline not exceeding one (1) foot in twenty-five (25) feet, and 
with such materials and in such manner as the Board of Trustees of 
said Town may designate; and shall construct and maintain at its 
own expense suitable planked crossings for such streets and ave¬ 
nues of the full width of the roadway of the streets or avenues, and 
shall open across the right of way without expense to the Town, 
any street or avenue, (except in that part of the west half of Sec¬ 
tion ID lying west of the west line of Oak Park Avenue and in 
that part of Section 30 lying northwesterly of Riverside Boulevard 
and west of the west line of Oak Park Avenue, all in Township 39 
North, Range 13 East of the Third Principal Meridian), which may 
hereafter be ordered opened by the Board of Trustees of said Town 
of Cicero, and shall also open Oak Park Avenue through the south 
half of said Section 19 to the width of sixty-six feet. 

2nd. That when so ordered to do by the said Board of Trustees, 
said railroad company shall put in, maintain and operate automatic 
electric bells, safety gates, or station flagmen, as said railroad com¬ 


pany shall select, at any street or highway crossing within sixty (60) 
days from the passage of such order by the said Board of Trustees. 

3rd. That the said railroad company, at its own expense shall 
construct, maintain and keep clear such ditches for drainage of its 
roadway, and for free flow of water from adjacent property, as 
shall be ordered by the said Board of Trustees of said Town. 

4th. That the said railroad company shall within six (6) months 
from the passage of this ordinance fence in its entire right of way 
on both sides, exclusive of streets and avenue crossings, through 

O' O 


said Town of Cicero, with a suitable fence, to be approved by the 
Board of Trustees of said Town. 

5th. The said Town of Cicero, through its Board of Trustees, 
shall have the right to enter upon the right of way of said railroad 
company for the purpose of constructing sewers, drains or ditches 
in pursuance of any plan now existing or that may hereafter be 


> 






PART II. 


ORDINANCES. 


103 


Chicago & Southwestern R. R. Co.—Cicero. 


adopted by the said Board of Trustees for drainage purposes, and 
the entire cost of such sewers, drains or ditches across such right of 
way shall be borne and paid by said railroad company. 

6th. The said railroad company shall within three (3) years 
from the acceptance of this ordinance, build within the limits of said 
Town of Cicero, three (3) passenger stations upon the line of the 
route first described, and shall run four passenger trains daily (Sun¬ 
day excepted) over said route in the forenoon from six o’clock un¬ 
til eight o’clock, and four such trains in the afternoon from five 
o’clock until seven o’clock, and during the hours of day not stated 
above, run suitable suburban passenger trains, stopping at such 
stations, and upon failure to comply with the condition of this clause 
the said railroad company shall pay to the said Town a penalty of 
Fifty dollars ($50) for each and every such failure. 

Section 6. All the foregoing rights, privileges and franchises 
are hereby granted expressly upon the condition that work shall 
be begun upon said lines of railroad within thirty (30) days after 
the passage of this ordinance and its acceptance by said railroad 
company, and upon the further express condition that said line of 
railroad first herein described shall be completed and in full opera¬ 
tion on or before the first day of January, A. D. 1891, excepting, 
however, from such period the time lost through condemnation pro¬ 
ceedings, injunctions, strikes or other unavoidable causes over which 
said railroad company has no control; the time of sueh delay shall 
be excluded from such computation. And in case said conditions 


are not fulfilled, said Town, through its Board of Trustees, shall 
have full power, authority and right to enter upon the right of way 
of said railroad company at any and all points and places where the 
same crosses or occupies any avenue, street or alley within said 
Town, and remove therefrom all rails, ties, road-bed or anything 


pertaining or belo lging thereto, and restore said avenues, streets 
and alleys to their first and former condition at the expense of said 
railroad company, and thereupon all the rights and privileges 
herein granted shall at once cease and determine, and this ordi- 
nance shall become null and void. 




104 


ORDINANCES. 


PART II. 


Chicago & Southwestern It. R. Co.—Cicero. 


Section 7. All conditions, obligations, restrictions and limita¬ 
tions herein contained shall be binding upon, and all rights, grants, 
privileges and franchises herein contained shall inure to the bene¬ 
fit of the said Chicago and Southwestern Railroad Company, its 
grantees, lessees, successors and assigns. 

Section 8 . This ordinance is granted upon the further express 
condition that the said railroad company, its grantees, lessees, suc¬ 
cessors and assigns, shall forever keep and save said Town of Cicero 
harmless from any and all loss, damages and expenses it may be 
liable for or sustain arising from the passage of this ordinance, or 
from the construction or operation of said railroad and its appur¬ 
tenances, or from any fault, carelessness, neglect or misconduct of 
said railroad company, its grantees, lessees, successors or assigns, 
or of its or their agents and servants, or any of them, in construct¬ 
ing, operating or maintaining said railroad and its appurtenances, 
or from any neglect or failure upon the part of said railroad com¬ 
pany, its grantees, lessees, successors and assigns, its or their 
servants and agents, or any of them, to comply with the provisions 
of this ordinance. 

Section 9. In case said company shall fail to do or perform any 
act or work by it to be done or performed under the provisions or 
terms of this ordinance within sixty (60) days after being ordered 
or directed to do or perform such act by the Board of Trustees of 
said Town, then and in such case the said Town of Cicero shall 
have the right to do and perform such act or work, and said com¬ 
pany shall pay said Town all moneys expended or obligations in¬ 
curred by it in doing and performing such act or work; and the 
right hereby reserved shall not be construed to be in lieu of the 
obligations herein assumed by said company, but in addition 
thereto. 

Section 10. This ordinance shall take effect and be in force 
upon and after its passage, provided said railroad company shall, 
by its authorized agents, tile in writing, with the Town Clerk of 
said Town of Cicero, its acceptance of the terms and conditions 
of this ordinance within ten days from the passage hereof. 




PART II. 


ORDINANCES. 


105 


ACCEPTANCE of the foregoing Ordinance. 

Austin, Cook County, Ill., August 2d, 1890. 
The Chicago and Southwestern Railroad Company, by H. S. 
Boutell, its agent, duly authorized thereto, hereby accepts the 
terms and conditions of an Ordinance entitled an Ordinance relat¬ 
ing to the Chicago and Southwestern Railroad Company, passed by 
the Board of Trustees of the Town of Cicero August 2d, 1890, 
and files this written acceptance of the same with the Town Clerk 
of the Town of Cicero, this 2d day of August, 1890. 

Chicago and Southwestern Railroad Company. 
By H. S. Boutell, 

its authorized Agent. 

To the Board of Trustees of the Town of Cicero. 

Filed in the office of the Town Clerk, of the Town of Cicero, 

August 2d, 1890. 

7 



ORDINANCES. 


PART II. 


10(5 


AN ORDINANCE 

Granting to the Chicago and Southwestern Railroad Company 

AN EXTENSION OF TIME FOR THE COMPLETION OF A PORTION 

of its Railroad in the Town of Cicero. 

[Passed December 6, 1890.] 

Whereas, the Chicago and Southwestern Railroad Company ac¬ 
quired the right to construct and operate a railroad in the Town of 
Cicero, under and by virtue of an ordinance entitled “An Ordi- 
nance relating to the Chicago and Southwestern Railroad Company ” 
passed August 2nd, 1890, and 

Whereas, it was provided in said ordinance that a portion of 
said railroad should be completed and in full operation on or be¬ 
fore the first day of January, A. D. 1891, excepting, however, from 
such period the time lost through condemnation proceedings, in¬ 
junctions, strikes or other unavoidable causes over which said Rail¬ 
road Company has not control, and 

Whereas, said Railroad Company has been prevented by legal 
proceedings, from acquiring the necessary right of way in Sections 
Twenty and Twenty-one. 

Therefore he it ordained by the Board of Trustees of the Town 
of Cicero : 

Section 1 . That an extension of time be and the same is 
hereby granted to said Chicago and Southwestern Railroad Com¬ 
pany, until July 1st, 1891, in which to complete that portion of its 
road required by said Ordinance of August 2nd, 1890, to be com¬ 
pleted on or before the first day of January, 1891, subject, how¬ 
ever, to all the terms and provisions of said Ordinance of August 
2nd, 1890. 

Section 2. This Ordinance shall be in full force and effect from 
and after its passage. 





PART II. 


ORDINANCES. 


107 


AN ORDINANCE 

Concerning the Chicago Central Railway Company. 

[Passed July 14th, 1890.] 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Blue Island: 

Section 1 . That permission and authority be, and the same are 
hereby given and granted to the Chicago Central Railway Com¬ 
pany, its successors and assigns, to lay down, maintain and oper¬ 
ate a railroad with one or more tracks and such appurtenances, 
switches, sidings and turnouts as may be necessary or convenient, 
along and upon the following route, in and through the Village of 
Blue Island: 

Commencing at the Northern Boundary Line of the Village of 
Blue Island at some convenient point at or near the center line of 
Maple Avenue produced Northerly, and running thence Southwest 
over such lots, lands and property as the said Company now owns 
or may hereafter acquire by lease, purchase, gift, condemnation, or 
otherwise, to some convenient point in the south-west quarter (S. W. 
i) of the north-east quarter (N. E. J) of Section twenty-five (25), 
Township thirty-seven (37), range thirteen (13); thence southerly 
over such lots, lands and property as the said Company now owns 
or may hereafter acquire by lease, purchase, gift, condemnation or 
otherwise, to a point in the South Boundary Line of the said Vil¬ 
lage of Blue Island, at a point near where the Chicago and Grand 
Trunk Railroad intersects and crosses the Chicago, Rock Island and 
Pacific Railroad, and easterly of said crossing; Provided, however, 
the right of way of said railway shall not exceed one hundred (100) 
feet in width in said Village; and, Provided, further, that said 
right of Avay at its intersection with Burr Oak Avenue or 127th 
Street shall not be less than nine hundred (900) feet Avest from the 
west line of Maple Avenue. 

Section 2. The said Chicago Central Railway Company, 
its successors and assigns, may cross any and all intervening streets, 





108 


ORDINANCES. 


BART II. 


Chicago Central Ry. Co.—Blue Island. 

alleys and railroad tracks upon or along the line of the said route 
as designated in the First Section, and shall keep in repair so much 
of said streets, alleys and crossings as may be occupied by said 
Railway Company with its tracks, switches, turnouts and right of 
way. 

Section 3. Said Chicago Central Railway Company, its suc¬ 
cessors and assigns, may and it is hereby authorized, to use and 
operate by steam or other power, the railroad tracks hereby author¬ 
ized to be laid, with engines and cars, subject to all ordinances of 
the Village of Blue Island applicable to railroads, which are now 
in force or which may hereafter be passed by said Village. 

Section 4. The permission, authority and privileges hereby 
granted are upon the condition that the said Chicago Central 
Railway Company shall provide and maintain all proper 
crossings and cattle-guards at each street intersection, and 
shall provide such protection by gates, flagmen, or otherwise, 
as is provided by law, when directed by the President and 
Board of Trustees of said Village, or other proper department 
of said Village. Said Company shall put in iron sewer pipes two 
(2) feet in diameter at each of the four intersections of each street 
crossing, and shall construct two depots at Blue Island, said depots 
to be of value of not less than Two Thousand Dollars ($2,000) 
each, and shall be located as follows: One within six hundred 
(600) feet from York Street, and one within six hundred (600) 
feet from Burr Oak Avenue; and upon condition that all suburban 
passenger trains operated over said line of railroad between Blue 
Island and Chicago by said Company or its successors shall stop at 
the stations above named, and that commutation tickets shall be 
issued and sold by said Railroad Company and its successor, and 
that the commutation rates between said stations and the terminal 
station in the City of Chicago shall be as low as that of any other 
road running from Blue Island to Chicago north of Twelfth Street, 
and that said commutation tickets shall be good on all trains of 
said Chicago Central Railway Company and its successors that stop 
at Blue Island, whether such trains be suburban or through trains; 




PART II. 


ORDINANCES. 


1011 


Chicago Central Ry. Co.—Blue Island. 


and upon the condition also, that not less than four passenger 
trains shall run from the terminal station in the City of Chicago 
to said depots in the Village of Blue Island, and from said depots 
in Blue Island to said terminal depot in Chicago, on each week 
day. 


Section 5. The permission and authority hereby granted are 
upon the further express condition that the said Railway Company 
shall and will forever indemnify and save harmless the Village of 
Blue Island against and from any and all damages, costs and ex¬ 
penses of the same which it may suffer or which may be recovered 
or obtained against said Village, for or by reason of the granting 
of said privileges hereby granted; or from any act or acts of said 
Company under or by virtue of this ordinance. 

Section (5. Permission and authority are also granted to the 
Chicago Central Railway Company, its successors and assigns, to 
erect and maintain a telegraph line along the line of said Railroad, 
the same to be constructed in the usual and ordinary method upon 
poles, subject to the direction of the President and Board of 
Trustees of said Village, or other proper department or officer of 


said Village, the Village to have the right to use the poles for sup¬ 
porting telephone or fire-alarm wires to be used for village pur¬ 
poses only. 

Section 7. 1 his Ordinance is granted upon a further express 

condition that it shall be formally accepted by the Chicago Central 
Railway Company within ten days after its passage, and that the 
work herein authorized shall be done and completed within two 
years from the passage of this ordinance, delays occasioned by 
strikes, injunctions, or other legal proceedings being excepted from 
said period of two years; otherwise all rights and privileges herein 
granted shall cease and be null and void. 

Section 8. In case of the breach or violation by said Railway 
Company or its successors* of any of the provisions or conditions 
herein contained by it or them to be kept or performed, and the 
continuance thereof for thirty days after written notice from the 
board, then all and singular the rights, privileges and authority 




110 


ORDINANCES. 


PART II. 


Chicago Central Ry. Co.—Blue Island. 

herein or hereby given or granted to the said Railway Company 
shall immediately cease and determine, and said railroad tracks 
may then be removed by said Village from any and all streets, 
alleys and public grounds in said Village; provided, however, that 
nothing contained in this Section shall be construed as waiving or 
in any manner impairing any remedy in law or equity which said 
Village or any of its citizens or residents may have at any time 
upon the breach or violation of any of the conditions or provisions 
herein contained. 

Section 9. It is expressly agreed that all and singular the 
grants, privileges, conditions, agreements and provisions contained 
in this ordinance shall be binding and obligatory upon, and shall 
inure to the benefit of the successors and assigns of said Chicago 
Central Railway Company. 




PART II 


ORDINANCES. 


* 


111 


AN ORDINANCE 

Extending the Time for accepting the foregoing Ordinance. 

[Passed July 21st, 1890.] 

Be it ordained by the President and Board of Trustees of the Vil¬ 
lage of Blue Island: 

That the time granted to the Chicago Central Railway Company 
to accept Ordinance No. 155, passed July 14, 1890, granting the 
said Chicago Central Railway Company a right of way through the 
Village of Blue Island, be and is hereby extended thirty (30) 
days. 


ACCEPTANCE of the foregoing Ordinances. 

Blue Island, Ill., Aug. 17, 1890. 

To the President and Board of Trustees of the Village of Blue 

Island. 

Gentlemen: On behalf of and by the authority of The Chi¬ 
cago Central Railway Co. I hereby accept the Ordinance granting 
them the Right of Way through the Village of Blue Island, passed 
July 14th, 1890. 

Respectfully Yours, 

A. WlSWALL, 

Agent Chicago Central Bailway Co. 

Filed in the office of the Village Clerk of the Village of Blue 
Island, Illinois, August 19tli, 1890. 










112 


ORDINANCES. 


PART II. 


AN ORDINANCE 

Concerning the Chicago Central Railway Company. 

[Passed October 13th, 1891.] 

Whereas, the Chicago Central Railway Company has located 
its line of railroad in, along and upon Blanchard Avenue and along 
the line of Blanchard Avenue extended from the North to the South 
limits of the Village of Morgan Park, and 

Whereas, said Blanchard Avenue extends from Tracy Avenue in 
said Village southerly for a distance of one mile and a half to One 
Hundred and Fifteenth Street in said Village, and 

Whereas, the owners of the land representing more than one 
half of the frontage of said Blanchard Avenue from said Tracy 
Avenue to One Hundred and Eleventh Street, said distance being- 
one mile in extent of said Blanchard Avenue, measuring from its 
northern limit south, and the owners of the land representing more 
than one-half of the frontage of said Blanchard Avenue from One 
Hundred and Eleventh Street to One Hundred and Fifteenth Street 
being the excess over one mile of so much of said Blanchard Avenue 
as is sought to be used for Railroad purposes, measuring from the 
northern limit of said Blanchard Avenue, have petitioned for the 
granting of an ordinance to the said Railway Company to construct 
and operate its tracks in, along and upon said Blanchard Avenue. 

Now therefore, be it ordained by the President and Board of 
Trustees of the Village of Morgan Park. 

Section 1 . That permission and authority be, and the same 
hereby are granted to the Chicago Central Railway Company, its 
grantees, lessees, successors and assigns, to construct, maintain and 
operate a railroad with one or more tracks, together with all neces¬ 
sary side tracks, turnouts, switches, “ Y ” connections and appur¬ 
tenances in, along and upon Blanchard Avenue and along the line 
of Blanchard Avenue extended, from the North limits to the 
South limits of the said Village of Morgan Park. 

Section 2. This ordinance shall be in full force and effect from 
and after its passage. 









PART II 


ORDINANCES. 


113 


AN ORDINANCE 

Concerning the Chicago and Calumet Terminal Railway 

Company. 

[Passed September 14th, 1891.] 


Be it ordained by the President and Board of Trustees of the 
Village of Blue Island: 

Section 1 . That permission and authority be, and the same are, 
hereby given and granted to the Chicago and Calumet Terminal 
Railway Company, its successors, lessees and assigns, to lay down, 
maintain and operate a railroad with one or more tracks, and such 
switches, sidings and turn-outs as may be necessary, along and 
upon the following route in and through the Village of Blue 
Island, to wit: Commencing at a point on the south line of the 


Village of Blue Island, on the south line of the south-east quarter of 
Section Thirty-six (36), Township Thirty-seven (37), North, Range 
Thirteen (13) East of the Third Principal Meridian, thence north¬ 
westerly, crossing the tracks of the Chicago, Rock Island and Pa¬ 
cific Railway Company and the Chicago and Grand Trunk Railway 
Company, to a point on the west line of the said Village of Blue 
Island, on the west line of said south-east quarter of Section Thir¬ 
ty-six (36) aforesaid, being the land now occupied by the right of 
way of said Chicago and Calumet Terminal Railway Company; 
and the right of said Chicago and Calumet Terminal Railway Com¬ 
pany to maintain and operate its tracks in accordance with the 

terms and conditions of this ordinance as now constructed through 

© 


the Village of Blue Island is hereby ratified and confirmed. 

Section 2. The Chicago and Calumet Terminal Railway Com¬ 
pany may cross any and all intervening streets, alleys and railroad 
tracks, upon or along the line of said route designated in the first 
section, said company to be subject at all times to the direction of 
the President and Board of Trustees of said Village, in the con¬ 
struction of its said tracks, in making the crossings of streets and 
alleys or connections with other roads, and shall keep in repair so 







114 


ORDINANCES. 


PART II. 


Chicago & Calumet Terminal Rv. Co.--Blue Island. 


much of said streets, alleys and crossings as may be occupied by 
said railway company, with its tracks, switches, turn-outs and 
rights of way. 

Section 3. Said Chicago and Calumet Terminal Railway Com¬ 
pany may, and it is hereby authorized to use and operate the rail¬ 
road tracks, hereby authorized to be laid, with locomotive engines 
and cars, subject to all ordinances of the Village of Blue Island ap¬ 
plicable to railroads, which are now or may hereafter be enforced. 

Section 4. The permission, authority and privileges hereby 
granted are upon the condition that the said Chicago and Calumet 
Terminal Railway Company shall provide and maintain all proper 
crossings and cattle-guards at each street intersection, and shall 
provide such protection by gates, flagmen or otherwise as are or 
shall be hereafter required by the President and Board of Trustees 
of said Village, or other proper department of said Village. 

Section 5. The permission and authority hereby granted are 
upon the further express condition, that the said railway company 
shall and will forever indemnify and save harmless the said Vil¬ 
lage of Blue Island against and from any and all damages, costs 
and expenses of the same which it may suffer or which may be re¬ 
covered or obtained against said Village for or by reason of the 
granting of said privileges and authority, or for or by reason of or 
resulting from the passage of this ordinance or any matter or thing 
connected therewith, or the exercise by said Company of the priv¬ 
ileges hereby granted, or from any act or acts of said company un¬ 
der or by virtue of the provisions of this ordinance. 

Section (i. Permission and authority are also hereby granted to 
the Chicago and Calnmet Terminal Railway Company to erect and 
maintain a Telegraph Line along the line of said railroad, the same 
to be constructed in the usual and ordinary method upon poles, 
subject to the direction of the President and Board of Trustees of 
said Village or other proper department or officer of said Village. 

Section 7. This ordinance shall be in force and effect from and 
after its passage. 








PART II. 


ORDINANCES. 


115 


AN ORDINANCE 

Concerning the Chicago and Calumet Terminal Railway 

Company. 

[Passed August 17th, 1891.]* 

Be it ordained by the Common Council of the City of Hammond: 

Section 1 . That permission and authority be and the same are 
hereby granted to the Chicago and Calumet Terminal Railway Com¬ 
pany, its grantees, lessees, successors and assigns, to construct, 
maintain and operate a railroad with one or more tracks, together 
with all necessary and convenient side tracks, switches, “ Y” con¬ 
nections, turn-outs and appurtenances upon and along the follow¬ 
ing routes, to wit: 

First. Along and upon the north 52 feet of Hudson Street and 
along and upon the line of Hudson Street extended from the east 
line of the City of Hammond to the west line of the said City of 
Hammond, with not to exceed four main tracks on said north 52 
feet of said street. 

Second. Along and upon the west 30 feet of Florence Street 
and along and upon the line of Florence Street extended southerly 
from Chicago Avenue to the Lakeside Nail Works, and along and 
upon the line of Florence Street extended northerly to a point in 
the south-east quarter of the south-east quarter of Section Twenty- 
four (24), Township Thirty-seven (37) North, Range Ten (10) 
West of the Second Principal Meridian, with not to exceed two (2) 
main tracks on said west 30 feet of said street, thence westerly by 
a curve parallel with the right of way of the State Line and Indi¬ 
ana City Railway, and westerly parallel with the right of way of 
the State Line and Indiana City Railway to a point in the west 


* An ordinance covering some of the provisions of this ordinance, in favor of the 
Calumet River Railway Company, one of the constituent corporations of the Chi¬ 
cago and Calumet Terminal Railway Company, (see Articles of Consolidation, 
ante), was passed by the Common Council of the City of Hammond, September 
27th, 1886. The City Hall and the Municipal Records were subsequently destroyed 
by tire, and no record or certified copy of this ordinance was preserved. 








ORDINANCES. 


PART II. 


11(5 


Chicago & Calumet Terminal Ry. Co.—Hammond. 

line of the City of Hammond, in the North West quarter of Section 
Twenty-four (24), Township Thirty-seven (37) North, Range Ten 
(10) West of the Second Principal Meridian, with a branch from 
this line starting at about the point of intersection of said line with 
the south line of the North East quarter of said Section Twenty- 
four (24), Township Thirty-seven (37) North, Range Ten (10) 
West of the Second Principal Meridian, thence Northerly to the 
North line of the said City of Hammond. 

Third. Commencing at a point in the vicinity of the intersec¬ 
tion of the main line above described in paragraph Two, and the 
south line of the North East quarter of the South East quarter of 
said Section Twenty-four (24), Township Thirty-seven (37) North, 
Range Ten (10) West of the Second Principal Meridian, easterly 
to a point near the middle of the east line of the South East 
quarter of Section Nineteen (19), Township Thirty-seven (37) 
North, Range Nine (9) West of the Second Principal Meridian. 

Fourth. Also a line parallel with the line last above described 
and along the northern part of the South half of the North East 
quarter of said Section Nineteen (19) extending from the east line 
of said North East quarter to the East line of Lake George. 

Fifth. Also a branch from the main line described in paragraph 
Two (2), from some convenient point near its intersection with 
Chicago Avenue, southerly and south-easterly to a point in the east 
line of the said City of Hammond in the east line of the South East 
quarter of Section Thirty-one (31), Township Thirty-seven (37) 
North, Range Nine (9) West of the Second Principal Meridian. 

Sixth. Also a branch from the last branch above described 
commencing at some convenient point in the North West quarter 
of Section Thirty-one (31), Township Thirty-seven (37) North, 
Range Nine (9) West of the Second Principal Meridian, running 
thence southerly and easterly to a point in the east line of the said 
City of Hammond, within one thousand (1,000) feet of the south¬ 
east corner of the North East quarter of the North East quarter of 
Section Thirty-one (31), Township Thirty-seven (37) North, Range 
Nine (9) West of the Second Principal Meridian, together with 





PART II 


ORDINANCES. 


117 


Chicago & Calumet Terminal Ry. Co.—Hammond. 

the right to cross all intervening streets, alleys, watercourses, pub¬ 
lic places and railroads along the line of said routes, provided that 
the construction of said tracks as described in the preceding sec¬ 
tion shall be done under the directions of the City Civil Engineer. 

Section 2. That the said Chicago and Calumet Terminal 

Railway Company, its grantees, lessees, successors and assigns for 
and in consideration of the franchise hereby granted to the said 
Railway Company does hereby agree to build, construct and main¬ 
tain all street and alley crossings as ordered by the Common 

Council of said City according to specifications furnished by said 
City within twenty (20) days from the time of receiving a written 
notice so to do, signed by the Mayor and attested by the Clerk of 

said City. Not only shall this apply to streets and alleys now 

opened and used, but to all streets and alleys heretofore author¬ 
ized by said City to be opened. And it is further agreed by said 
Railway Company that for and in consideration of the franchise 
hereby granted that wherever and whenever new streets and alleys 
are authorized by said City, that said Railway Company hereby 
agrees to give the right of way for any such street and alley to 
said City without other compensation than the granting of this 
franchise and to open such streets and alleys across their said right of 
way within twenty (20) days from the time of receiving notice as 
above provided, and the said Company hereby agrees to build, 
construct and maintain all street and alley crossings on such newly 
opened streets or alleys as above provided, and that said Railway 
Company also hereby agrees for and in consideration of the fran¬ 
chise hereby granted to build, construct and maintain all culverts, 
drains, and sewers that may be ordered by the Common Council 
of said City across said right of way within thirty (30) days from 
the time of receiving notice as above provided, and to build, con¬ 
struct and maintain the same as said City Council may direct. It is 
further agreed by said Railway Company, their lessees, successors 
and assigns, that should they at any time operate a passenger 
service on said line running through said City, then and in that case 
said Company hereby agrees to build, construct and maintain a 









118 


ORDINANCES. 


PART II. 


Chicago & Calumet Terminal Rv. Co.—Hammond. 


suitable passenger depot, at the intersection of said line with 
Hohman Street or as directed by the Common Council of said 
City, within ninety (90) days from the time they shall commence 
to operate such passenger service on said line through said City, 
and all passenger trains so run and operated through said City on 
said Railway line shall stop at such depot, and carry passengers 
and their ordinary baggage. Provided , however , that this shall 
not include the stopping of through limited trains on said line. 
And that the rates for commutation tickets on said line shall 
not exceed the rates charged by any other Company running 
through said City. And that said Railway Company also hereby 
agrees to furnish and maintain lights at street crossings such as 
are used in lighting said City, and to be placed as directed by 
the Common Council of said City, provided, however, that the 
same shall not exceed six (6) lights in number and that the 
same shall be placed as directed by said City within twenty (20) 
days from the time of receiving such notice as above provided. 
Should said Railway Company, its grantees, lessees, successors 
or assigns fail or refuse to comply with any of the conditions 
of the within contract or franchise within the time above men¬ 
tioned, then and in that case said City shall have and is hereby 
granted the right to enter in and upon the right of way of said Rail¬ 
way Company, at any point within said City, and make any and all 
improvements so ordered by said City, whenever such order is 
not complied with by said Railway Company, within the time 
mentioned, and that said City shall have the right to charge 
such amounts as may be expended for any such improvements of 
which said Company are in default, and may bring suit to recover 
the same in any Court of competent jurisdiction. 

Section 3. This ordinance shall be in full force and effect 
from and after its passage and acceptance in writing by the legally 
authorized officers of said Railway Company and the filing thereof 
in the office of the City Clerk, together with a special warranty 
deed conveying to the City of Hammond for street purposes the 
following described lots in the City of Hammond, in Lake County, 
State of Indiana, to wit: 











PART II. 


ORDINANCES. 


119 


Chicago & Calumet Terminal Ry. Co.—Hammond. 

Lots 21 and 22, in Block 3, in Towle and Avery’s Addition to the 
City of Hammond. 

Lots 21 and 22, in Block 4, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 21 and 22, in Block 5, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 21 and 22, in Block 6, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 22 and 23, in Block 7, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 22 and 23, in Block 8, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 22 and 23, in Block 9, in Towle and Avery’s Addition to 
the City of Hammond. 

Lots 1 and 32, in Block 15, in Hoffman’s Third Addition to the 
City of Hammond. 

Lots 1 and 32, in Block 14, in Hoffman’s Third Addition to the 
City of Hammond. 

Lots 1 and 48, in Block 13, in Hoffman’s Third Addition to the 
City of Hammond. 

Lots 1 and 48, in Block 12, in Hoffman’s'Third Addition to the 
City of Hammond. 

Lots 1 and 48, in Block 13, in a subdivision of the East part of 
the North Side Addition to the City of Hammond. 

Lots 1 and 48, in Block 12, in a subdivision of the East part of 
the North Side Addition to the City of Hammond. 

Lots 1 and 43, in Block 11, in a subdivision of the East part of 
the North Side Addition to the City of Hammond. 

Lots 1 and 38, in Block 10, in a subdivision of the East part of 
the North Side Addition to the City of Hammond. 

All ordinances and parts of ordinances in conflict with this ordi¬ 
nance relating to said right of way are hereby repealed. 








120 


ORDINANCES. 


PART II. 


Chicago & Calumet Terminal Ry. Co.—Hammond. 


ACCEPTANCE of the foregoing Ordinance. 

To ivliom this may concern : 

That wc, the undersigned, legally authorized officers of said Chi¬ 
cago and Calumet Terminal Railway Company, do hereby accept 
the franchise hereto attached for and on behalf of said Company. 

In Witness Whereof, the said Chicago and Calumet Terminal 
Railway Company has caused this franchise and contract to be 
signed by its President, attested by its Secretary, and the Corporate 
Seal of said Company hereunto attached, this twenty-second day 
of August, A. D. 1891. 

Chicago and Calumet Terminal Railway Company , 

By D. S. Wegg, 

[seal.] President. 

Attest: 

H. S. Boutell, 

Secretary. 

Filed in the office of the City Clerk of the City of Hammond, In¬ 
diana, August 24th, 1891.* 

• 

r ' : A deed of the property referred to in this ordinance from the Chicago and 
Calumet Terminal Railway Company to the City of Hammond, dated August 22d, 
1891, was filed with this acceptance with the City Clerk of the City of Hammond, 
and was recorded in the office of the Recorder of Deeds of Lake County, Indiana, 
September 8th, 1891. 






PART II. 


ORDINANCES. 


121 


AN ORDINANCE 

Allowing the South Branch Canal Company to lay down 

RAILROAD TRACK IN STREETS IN WEST DIVISION. 

[Passed January 5,1857.] 

Be it ordained by the Common Council of the city of Chicago : 

Sec. 1 . That permission be and is hereby granted to the Chi¬ 
cago South Branch Canal Company to construct, maintain and op¬ 
erate, in the west division of said city, one or more railroad tracks, 
with all necessary switches, turn-outs, turn-tables, in, upon or 
through any and all lands owned or controlled by said company, 
between the air-line railroad track and South street. 

Sec. 2. Said company may lay down said track or tracks across 
any street within the boundaries aforesaid wherever any such 
street crosses their intended line of railroad; also the right to con- 
struct and use all depots necessary to accommodate the business of 
said company: Provided , that convenient crossings be made by 
said company where the said tracks cross the line of streets. 

Sec. 3. Said company may construct, maintain and operate one 
or more railroad tracks through or upon any lands they own or 
control in Green’s South Branch addition to Chicago; and, also, 
occupy such portion of the streets in said addition, for railroad pur¬ 
poses, as were provided for by reservation in the record of the plat 
of said addition. 

Sec. 4 . Said company may join any railroad company in the 
erection and use of any railroad bridge heretofore authorized, or 
which may hereafter be authorized, to be constructed across the 
south branch of the Chicago river, and the said South Branch Canal 
Company, and any railroad company, may jointly use each other’s 
track or tracks, and bridge or bridges, within the city, and form 
material connections, upon such terms as may be agreed upon by 
the parties interested. 

Sec. 5. Said company may run their trains by locomotives, with¬ 
in the limits herein described, at a speed not exceeding six miles 





OKDINANCES. 


PART II. 


1 22 


Chicago South Branch Canal Co.—Chicago. 

per hour, subject to such laws and ordinances as are now in force, 
or that may from time to time be passed by the common council 
of said city, establishing and regulating speed and motive power 
within said city. 






PART II 


ORDINANCES. 


RECORD OF PLATS, 


Authorizing 


THE USE OF PARTS OF CERTAIN STREETS FOR STATION 

GROUNDS. 


The Chicago and Northern Pacific Railroad Company occu¬ 
pies a portion of the public street for its railway stations and 
grounds at Colorado Avenue, 44th Street, 48th Street, Austin, 
Oak Park Avenue and Oak Park. This occupation of the street 
was authorizd by the municipal authorities in the following man¬ 
ner: The Railroad Company purchased sufficient property to 
carry the street in the rear of each of said stations, and as owner 
of the property hied a plat dedicating the property in the rear of 
each of the stations for street purposes. These plats were made 
upon condition that the municipal authorities, in accepting the 
same, should consent to the permanent occupancy of that portion 
of the street used by the Railroad Company for station purposes. 

Colorado Avenue plat was accepted on behalf of the Town of 
Cicero by the President and Clerk of the Town under the corporate 
seal, on the 22nd day of October, 1888, and the plat was tiled for 
record in the Recorder’s office of Cook County the 24th day of 


October, 1888. 

Forty-Fourth Street plat was accepted on behalf of the Town 
of Cicero by the President and Clerk of the Town under the cor¬ 
porate seal, on the 25th day of August, 1888, and the plat was 
tiled for record in the Recorder’s office of Cook County on the 
28th day of September, 1888. 

Forty-Eighth Street plat was accepted on behalf of the Town 
of Cicero by the President and Clerk of the Town under the cor¬ 
porate seal, on the 20th day of April, 1889, and the plat was tiled 
for record in the Recorder’s office of Cook County on the 1st day 


of May, 1889. 

Austin plat was accepted on behalf of the town of Cicero by the 
President and Clerk of the Town under the corporate seal, on the 





124 


ORDINANCES. 


PART II. 


Use of Streets for Station Grounds. 

28th day of July, 1888, and the plat was filed for record in the 
Recorder’s office of Cook County on the 9th day of August, 1888. 

Oak Park Avenue plat was accepted on behalf of the 
Town of Cicero by the President and Clerk of the Town under the 
corporate seal, on the 22nd day of October, 1888, and the plat was 
filed for record in the Recorder’s office of Cook County on the 
24th day of October, 1888. 

Oak Park plat was accepted on behalf of the Town of Cicero by 
the President and Clerk of the Town under the corporate seal, on 
the 25th day of June, 1888, and the plat was filed for record in 
the Recorder’s office of Cook County, on the 5th day of July, 
1888. 







PART II 


ORDINANCES. 


125 


PROVISIONS 

Of the Municipal Code of the City of Chicago, relating to 

Railroads. 


ARTICLE LI. 

Sec. 1830. No railroad corporation shall, by itself, agents or 
employes, run any passenger train upon or along any railroad 
track within the corporate limits of the city of Chicago at a greater 
rate of speed than ten miles an hour; nor shall any such corpora¬ 
tion, by itself, agents or employes, run any freight car or cars upon 
or along any railroad track within said city at a greater rate of 
speed than six miles per hour. 

Sec. 1831. No railway company, railroad engineer, train con¬ 
ductor or other person, shall cause or allow any locomotive engine, 
car or cars, or train of cars, to stop in or remain upon any street 
and railroad crossing within said city, at which, by the provisions 
of this article, a flagman is ordered to be stationed and kept, for a 
longer period than five minutes at any one time, nor upon any 
other street and railroad crossing in said city for a longer period 
than five minutes: Provided , however , that in case a collision 
should take place at any or either of the crossings aforesaid, rea¬ 
sonable time shall be allowed to remove any obstruction that may 
be caused thereby. 

Sec. 1832. Should any street and railroad crossing in said city 
be and remain occupied and obstructed in whole or in part, by any 
train of railroad cars for and during the period of five minutes, it 
shall be the duty of each and every railroad company upon whose 
line of road such obstruction may occur, their agents or employes, 
on or before the expiration of said five minutes, when from any 
cause the entire train cannot be propelled or removed to any one 
side of any street occupied and obstructed, as aforesaid, to cause 
such cars as may be on or near said crossing to be uncoupled and 
some one division of the train, as that made, removed off the 








12b* 


ORDINANCES. 


PART II. 


General Railroad Ordinances.—Chicago. 

aforesaid street and railroad crossing in such manner as to leave 
said street entirely free and unobstructed five minutes, and said 
train, when again coupled, shall be removed forthwith from off any 
such crossing as aforesaid. 

Sec. 1833. Every locomotive engine, railroad car or train of 
cars running in the night time on any railroad track in said city, 
shall have^and keep, while so running, a brilliant and conspicuous 
light on the forward end of such locomotive engine, car, or train 
of cars. If such engine or train be backing, it shall have a con¬ 
spicuous light in the rear car or engine, so as to show in the direc¬ 
tion said car is moving. 

Sec. 1834. No company, corporation or person shall be allowed 
to deposit or place in the street, any lumber or other material, nor 
shall they load or unload any car from the street nor erect or main¬ 
tain any switch-house or other building upon any street, highway 
or alley within the city limits, except by the written permission of 
the commissioner of public works. 

Sec. 1835. No railroad company shall cause or allow the 
whistle of any locomotive engine to be sounded within the city, ex¬ 
cept necessary brake signals and such as may be absolutely neces¬ 
sary to prevent injury to persons and to property, other than their 

0 

own and that in their possession as freight. 

Sec. 1836. The bell of each locomotive engine shall be rung: 
continually while running within said city, except locomotives run¬ 
ning upon the railroad tracks situated east of Indiana avenue, on 
the shore of Lake Michigan, between Twenty-second street and Park 
Row in said city, when no bell shall be rung or whistle blown, ex¬ 
cept as signals of danger. 

Sec. 1837. Each railroad company, running on any railroad 
within said city, shall erect at the entrance of such railroad within 
the city, a signboard, having thereon the words “stop speed” 
“ ring the bell,” legibly painted thereon, and keep the same so 
erected. 

Sec. 1838. Each superintendent of any railroad shall furnish 
each engineer and train conductor of any railroad running within 


> 






PART II. 


ORDINANCES. 


127 


General Railroad Ordinances.—Chicago. 


the city a certified or printed copy of this article, and shall, more¬ 
over, furnish to any officer of said city applying therefor the name 
of any person in the employment of said railroad company who 
shall have been charged with having violated any of the provisions 
of this article. 

Sec. 1839. No railroad company or person in charge of any 
locomotive engine shall cause or allow the cylinder cock or cocks, 
safety valve or other valves of any locomotive engine to be opened 
so as to permit steam to escape therefrom at any time while run¬ 
ning upon or along any railroad track, or where the engine is with¬ 
in one hundred feet of any street or railroad crossing or viaduct: 
Provided , however , that when such engine shall be standing at 
such point in said city, and for six revolutions of the driving wheel 
after being put in motion, the said cocks may be opened for the 
purpose of allowing condensed steam to escape. Any person or 
corporation violating this ordinance shall be fined not less than 
twenty-five dollars, nor more than one hundred dollars. 

Sec. 1840. Any railroad company or railroad corporation who 
shall by themselves, their agents or employes, or any agent or em¬ 
ploye of any railroad company or railroad corporation who shall 
cause or allow any empty railroad car or cars to be detached from 
any locomotive engine and left to remain upon any street or side- 
walk and railroad crossing within said city, for a longer period 
than five minutes, shall be fined in the sum of ten dollars for each 
and every consecutive five minutes any such railroad car or cars 
detached as aforesaid shall be so permitted to remain on such street, 
sidewalk or railroad crossing. 

Sec. 1841. All railroad companies, whose track or tracks cross 
or intersect any of the streets in the city of Chicago, east of the 
west line of Western avenue, or north of the south line of Egan 
avenue and also at all crossings of street or horse railways, shall 
station, keep and maintain at all times, at their own expense, at 
each and every of said street and railroad crossings, a flagman, 
whose duty it shall be to signal persons traveling in the direction 
of any or either of the crossings and warn them of the approach 
of any locomotive engine, or any impending danger. 





128 


ORDINANCES. 


PART II. 


General Railroad Ordinances.—Chicago. 

Sec. 1842. Whenever, on any street crossed by the track or 
tracks of any railroad company, the city council shall deem it nec¬ 
essary to require said railroad company to provide protection 
against injury to persons and property at such crossing by the 
erection and maintenance of gates, guards or other protection, or 
the construction of a viaduct, said city council may, by resolution, 
so declare and direct that any such railroad company shall, within 
a certain time, to be fixed by the mayor and commissioner of 
public works, erect, construct and maintain a sufficient safeguard 
at such crossing specifying the kind of protection to be erected, 
constructed aud maintained as aforesaid, whether it be a gate or 
gates, or viaduct or other efficient protection; and, it shall lie the 
duty of the commissioner of public works to serve upon the said rail¬ 
road company, named in said resolution, a certified copy thereof, 
within thirty days after the passage of said resolution and, at the 
same time, to notify the said railroad company in writing of the 
time fixed by the mayor and said commissioner, within which the 
protection so ordered shall be constructed. 

Sec. 1848. Whenever any railroad company shall have been 
directed by the city council to erect, construct and maintain at any 
street crossed by its track or tracks any gate or gates, viaduct or 
other protection, as provided in the last preceding section, every 
such company shall, within the time prescribed by the mayor and 
commissioner of public works, erect, construct and thereafter 
maintain the protection specified in said resolution, under the pen¬ 
alty of two hundred dollars for every offense, and for each and 
every ten days after the expiration of the time so fixed for the 
construction of such protection, any such company shall refuse or 
neglect to proceed to the erection and construction of the kind of 
protection specified in such resolution, shall constitute a new and 
distinct offense. 

Section 1844. Every such gate, guard, viaduct and the ap¬ 
proaches thereto, or other protection, when so ordered as afore¬ 
said, shall be erected and constructed at the sole cost and expense 
of said railroad company, under the supervision of the commissioner 






PART II. 


ORDINANCES. 


1 29 


General Railroad Ordinances.—Chicago. 

of public works, and the same shall forever thereafter be kept and 
maintained by such railroad company in proper repair and condi¬ 
tion, at its own cost and expense, and without expense or cost to 
the city of Chicago, under the supervision of the commissioner of 
public works, and to his satisfaction. 

Sec. 1845. No train of a greater length than seven hundred 
feet shall be moved for the purpose of transferring said trains, or 
any part of it, to another, or opposite or adjoining track, or tracks, 
in making up trains or distributing the same: Provided , that no 
such train or trains shall be composed of more than twenty cars. 
Any railroad company or railroad corporation, or the agents or 
employes of such railroad company or corporation, who shall vio¬ 
late the provisions of this ordinance shall, upon conviction, be lined 
for the first violation one hundred dollars, and for each succeeding 
violation the sum of two hundred dollars. 

Sec. 1846. Any railroad company or railroad corporation who 
shall, of themselves, their agents or employes, violate or fail to 
observe any of the foregoing provisions of this article or any agent or 
employe of any railroad company or railroad corporation, or other 
person, who shall violate or fail to observe the same shall, for each 
violation or failure to observe the same, where no other penalty is 
imposed, be fined in a sum not less than twenty-five dollars, nor 
exceeding one hundred dollars, to be recovered in any court of 
competent jurisdiction. 






ORDINANCES. 


PART JI. 


lot) 


AN ORDINANCE 

RELATING TO THE SPEED OF RAILROAD TRAINS. 

[Passed March 26th, 1890.] 

Be it ordained by the City Council of the City o f Chicago : 

Section 1 . That for the purpose of fixing the rates of speed at 
which railroad companies may operate trains, locomotive engines 
or cars, within the corporate limits of the City of Chicago, said 
City is hereby divided into districts which are severally numbered 
and described as follows : 

The first district shall embrace all that portion of the City which 
is bounded on the south by the center line of Thirty-first street ; on 
the west by the center line of Western avenue; on the north by 
the center line of Fullerton avenue, and on the east by Lake Mich¬ 
igan. 

The second district, all that portion of the City which lies be¬ 
tween the boundary line of the first district, and the following 
lines: On the south, the center line of Fifty-first street extended, 
on the west, the center line of West Fortieth street; on the north, 
the center line of Belmont avenue; on the east Lake Michigan, and 
the 

Third district shall embrace all that portion of the City lying be¬ 
tween the outer boundary of the second district and the boundary 
lines of the City. 

Section 2. It shall be unlawful for any person, firm, company 
or corporation, its agents, servants or employes, to operate, or run 
within the limits of the City of Chicago, trains, engines or cars at 
any speed greater than the rates herein named, to wit: passenger 
trains, and light or disconnected enginesin the first district, twenty 
miles per hour; in the second district, twenty-five miles per hour 
and in the third district, thirty miles per hour. Freight trains in 
the first district, six miles per hour,, in the second district, nine 
miles per hour, and in the third district, twelve miles per hour. 
Switch engines and cars being moved in making and breaking up 




PART II. 


ORDINANCES. 


131 


General Railroad Ordinances—Chicago. 

trains, in any district, nine miles per hour. Provided, that the 
length of all trains shall he subject to the provisions of Section 
1845 of the Municipal Code. 

Section 3. Every person, firm, company or corporation own¬ 
ing, leasing or operating a steam railroad within the corporate 
limits of the City of Chicago shall, within such time as may be 
prescribed by the Mayor and Commissioner of Public Works, con¬ 
struct, or cause to be constructed, on each side of its tracks, and 
in such place with reference thereto as the Mayor and Commis¬ 
sioner of Public Works shall approve, or direct, except where 
public streets shall intersect or cross the same, substantial walls or 
fences of such material, design, proportion and height as shall be 
determined and approved by the Mayor and Commisssioner of Pub¬ 
lic Works, and shall erect and maintain gates and signal bells, and 
other safety appliances, operated from towers, or by other reliable 
means satisfactory to the Mayor and Commissioner of Public 
Works, for the purpose of giving due and timely warning of the 
approach of trains, cars or engines at all such streets and public 
crossings within the corporate limits of the city as may be desig¬ 
nated by the Mayor and Commissioner of Public Works, which 
gates, bells and other safety appliances shall be of such material, 
kind, design and proportion as shall be satisfactory to 
the Mayor and Commissioner of Public Works, and shall be 
maintained and operated by such device and by competent attend¬ 
ants in charge thereof, during all hours of the day and night, and 
whenever two or more lines of railroad tracks shall run upon a 
common right of way, or parallel to and near each other, along or 
across any street, alley or public place, the Mayor and Commis- 
mioner of Public Works shall have the right to provide that gates 
shall be constructed which shall enclose all or any number of such 
parallel tracks, which gates so enclosing such parallel tracks, shall 
be operated simultaneously as to all such tracks so enclosed. And 
all persons, firms, companies or corporations owning, operating or 
leasing any railroad in said City of Chicago shall also sufficiently 
light all portions of their tracks crossing any street, alley, park or 







ORDINANCES. 


PART II. 


132 


General Railroad Ordinances.—Chicago. 

public or private way, in such manner and at such places as shall 
be satisfactory to the Mayor and Commissioner of Public Works. 
And in the event that any such person, firm, company or corpora¬ 
tion, owning, leasing or operating any railroad shall fail or neglect 
to construct such walls and fences, and provide for the lighting of 
their tracks, as herein required, and to erect, maintain and operate 
such gates, signal bells, or other safety appliances, along its or 
their tracks, and at the street crossings thereof within sixty (60) 
days from the time of the passage of this ordinance, then the City 
of Chicago at its election mav cause the same to be erected, con- 
structed, completed and maintained at the expense of such person, 
firm, company or corporation, and such person, firm, company or 
corporation shall be liable to and pay the City of Chicago the 
whole cost and expense thereof. 

Section 4. Any person, firm, company, corporation or lessee 
who may erect or operate under and by virtue of the provisions of 
this ordinance any walls, fences, towers, signals or other devices or 
appliances upon, along, across, or over any public street, alley, 
place, park or private way, shall be held liable and pay all legal 
damages that may arise from, or by reason of the provisions 
of this ordinance, or any acts of such person, firm, company, cor¬ 
poration or lessee, done in compliance with this ordinance, and 
shall save and keep harmless the City of Chicago from all damages, 
costs and expenses incurred by said City by reason of any act of 
any such person, firm, company, lessee or corporation, or any act 
or acts growing out of, or resulting from the provisions of this or¬ 
dinance, and the construction and maintenance of any wall, fence, 
gate or other structure, or the enclosure of any railroad track or 
tracks under the provisions of this ordinance, or the enclosure of 
any street, alley, lane, park or public or private way, or any por¬ 
tion thereof, shall not be held as a waiver, or a release of the juris¬ 
diction, or the rights or the full authority of the City of Chicago 
over any and all suoh property, streets, alleys, parks, or private or 
public ways. 

Section 5. Every engineer, fireman or employe of any person, 


> 





PART II. 


ORDINANCES. 


133 


General Railroad Ordinances.—Chicago. 


firm, company or corporation owning or operating a railroad within 
the limits of the City of Chicago, in charge of any engine shall be 
required to ring the bell of the engine at all streets and public 
crossings within the corporate limits of the City of Chicago. 

Section 6. Nothing herein contained, or no act of any person, 
firm, company or corporation, by reason of the passage of this or¬ 
dinance shall be held or construed to be in the nature of a con¬ 
tract between the City and any person, firm, company, corporation or 
lessee owning, controlling or operating any railroad, nor shall any 
provision of this ordinance be construed to release any person, 
firm, company or corporation from any obligation now existing, or 
which may hereafter be imposed by the City of Chicago to con¬ 
struct or build viaducts, to raise or lower their tracks, to construct 
sub-ways, or to abolish grade crossings at any or all streets within 
said City, when ordered so to do by the City Council, and nothing 
herein shall be construed to create any obligations upon the part of 
any railroad company to construct any viaduct, or to create any 
new liability against any railroad, except as provided by the terms 
of this ordinance. And nothing in this ordinance contained shall 
commit the City of Chicago to any permanent plan or system for 
the operation of railroad cars, engines or trains, or the protection 
of the public on streets or at street crossings, or the regulation and 
control and supervision of railroad tracks; but the City reserves the 
right to alter, amend or repeal any provisions herein contained, or 
to exercise full control and supervision oA r er the operation of all 
railroads within the City of Chicago the same as if this ordinance 
had not been passed. 

Section 7. It is expressly provided that Section 1,830 of Munic¬ 
ipal Code, shall remain in full force and effect until the walls, 
fences, gates and appliances provided for by this ordinance shall 
be constructed and in operation; Provided , however , that the 
Mayor and Commissioner of Public Works shall have the right to 
allow any person, firm, company or corporation to avail themselves 
of the privileges of this ordinance, providing for the rate of speed 
for the running of their trains, cars or engines whenever such per- 











134 


ORDINANCES. 


PART II. 


• General Railroad Ordinances.—Chicago. 

son, firm, company or corporation shall have constructed and com¬ 
menced operating the gates as herein required, and provided said 
Mayor and Commissioner of Public Works shall be satisfied that 
such person, firm, company or corporation is proceeding as rapidly 
as practicable to comply with all the provisions and conditions con¬ 
tained in this ordinance, and whenever in their opinion it shall be 
deemed expedient and proper to grant such permission; Provided , 
however , that any permit granted under the provisions of this sec¬ 
tion shall be subject to revocation at any time the Mayor and Com¬ 
missioner of Public Works shall so elect. 

Section 8 . Any person, firm, company or corporation owning, 
leasing or operating any railroad who shall by themselves, their 
agents or employes violate or fail or neglect to observe any of the 
provisions of this ordinance shall for each violation thereof, or for 
each train or engine which shall be run in conflict with the provis¬ 
ions of this ordinance, be fined in any sum not less than fifty ($50) 
dollars, nor exceeding two hundred ($200) dollars, to be recovered 
in any court of competent jurisdiction; provided further, that every 
day any such person, firm, company or corporation shall fail or neg¬ 
lect to construct the walls, fences, gates or structures herein provided 
for, after the time the same have been required by this ordinance, 
shall be held and considered a separate offense. 

Section 9. This ordinance shall be in force and effect from and 
after its passage and legal publication. 




PART II 


ORDINANCES. 


135 


AN ORDINANCE 

Concerning tiie erection of gates at railway crossings. 

[Passed January 27th, 1890.] 


Be it ordained by the City Council of the City of Chicago: 

Section 1 . Every railroad company owning, leasing or operat¬ 
ing a line of road whose track or tracks shall cross any street, 
alley or public way, shall, when notified by the Commissioner of 


Public Works, erect, construct .and maintain on each side of said 
tracks, gates, that shall provide protection against injury to 
persons and property at such crossing, which gates, on each side of 
said track, shall open and close simultaneously, and shall at all 
times be operated together. And where more than one com¬ 
pany owns, operates or leases a road or roads whose track or 
tracks cross the same street parallel to each other, where the line 
or lines of the different companies are not farther apart than forty 
(40) feet, said companies so owning, leasing or operating said 
lines crossing said streets parallel to each other shall unite and 
place two gates, one at each side of said railroad crossings in such 
manner that the whole space occupied by all said roads so operated 
shall be enclosed, and both said gates shall be opened and closed 
simultaneously. And said gates shall be operated day and night. 

Sec. 2. Any railroad company or companies, or their agents or 
employes, who shall refuse or neglect to place and operate said 
gates as provided in this ordinance, or who shall refuse or neglect 
to unite with any other companies in placing said gates as provided 
in this ordinance within ten (10) days after having received notice 
from the Commissioner of Public Works or other proper city offi¬ 
cial, to comply with the provisions of this ordinance, shall, for 
each day of their failure to observe the same, be fined in a sum not 
less than than twenty-five ($25.00) dollars nor exceeding one hun¬ 
dred ($100.00) dollars, to be recovered in any court of competent 
jurisdiction. 

Sec. 3. This ordinance shall be in force and take effect from 
and after its passage and due publication. 






ORDINANCES. 


PART II. 


136 


AN ORDINANCE 

Concerning the construction of Viaducts by Railroad 

Companies. 

[Passed December 16th, 1887.] 

Be it ordained by the City Council of the City of Chicago : 

Section 1 . That when any company operating a steam railway 
within the limits of the City of Chicago shall build and complete 
at its own expense two viaducts, in accordance with plans and 
specifications made by the Commissioner of Public Works, with 
the approaches on both sides thereof, over such streets as may have 
been designated by the Commissioner of Public Works; and for 
pedestrians, shall erect substantial viaducts with railings on both 
sides of the same, to the full width of the sidewalk space, and 
in line there with; on all other streets and on one side of such 
streets with easy incline approaches to said viaducts, and on both 
sides thereof; all- to the satisfaction and under the direction of the 
Commissioner of Public Works, and shall have paid all damages 
of every kind and description, including land damages which may 
be recovered or obtained against said city in consequence of the 
construction of said viaduct or viaducts and approaches to the 
same on both sides thereof and shall have entered into an asree- 
ment in writing, accompanied by a good and sufficient bond, in an 
amount to be approved by the Mayor of the city to build and com¬ 
plete at its own expense, a viaduct and approaches on both sides 
thereof, upon and over every third street that may be crossed by 
the railroad tracks and right of way of said railroad company 
within the city limits, two viaducts and approaches thereto on both 
sides thereof, to be erected and completed in each year, at such 
point or points as may be designated by the Commissioner of Pub¬ 
lic Works, and shall agree to pay the entire cost and expense of 
the viaduct or viaducts, and of all approaches to the same, and 
shall agree to maintain the same, and save the city harmless from 
any and all damages, including land damages, judgments, decrees, 






fAKT IJ. 


ORDINANCES. 


137 


General Railroad Ordinances.—Chicago. 

costs and expenses of the same which it may suffer or which may be 
recovered or obtained against said city for or by reason of the 
granting of such privilege, or for or by reason of, or growing out 
of, or resulting from the erection of any such viaduct or viaducts 
or the approaches thereto; and shall have, save at public streets 
and crossings, built on both sides of its right of way, substantial 
fences of material, design and size to be determined by the Com¬ 
missioner of Public Works, and shall have at all streets and pub¬ 
lic crossings within the corporate limits of said city as may be 
designated by the Commissioner of Public Works, erected suitable 
gates and bells to be operated from towers by competent attend¬ 
ants in charge thereof, during such hours of the day and night as 
the City Council shall prescribe, then such railroad company hav¬ 
ing so complied with the provisions of this ordinance heretofore 
mentioned shall not be limited in the operation of their engines or 
trains to their rates of speed. 

Sec. 2. When two or more railroad companies own or operate 
tracks parallel with or adjoining each other in said city, it shall 
not be necessary for said companies to construct or maintain fences 
between their respective tracks or right of way, but it shall be a 
sufficient compliance with the provisions of this ordinance for such 
companies to construct such fence on the outside of the respective 
rights of way of said parallel roads. Where the right of way and 
tracks of any railroad company occupy any public street or alley, 
they shall not be required to fence the same, but they shall erect 
the gates as provided in the previous section of this ordinance at 
all public crossings and streets intersecting such right of way. 
And no railroad company shall, upon any street or alley, run any 
train, car, locomotive or engine at a greater speed than ten miles 
per hour for passenger trains and six miles per hour for freight 
cars, trains or locomotives. 

Sec. 3. All gates at public streets or crossings shall be kept 
closed whenever a train or locomotive is crossing any track or 
tracks between such gates, subject, however, to the provisions of 
Sections 1831 and 1832 of the Municipal Code of the City of Chi- 








138 


ORDINANCES, 


PART II, 


General Railroad Ordinances.—Chicago. 

Sec. 4. When any railroad company or companies shall erect 
and complete any viaduct or viaducts over any street or streets, 
then only such company or companies as shall contribute to the 
erection and completion of said viaduct shall be entitled to the 
benefits of the additional rates of speed provided for in this ordi¬ 
nance. 

Sec. 5. When, under the provisions of any ordinance hereto¬ 
fore passed by the City of Chicago, any railroad company is re¬ 
quired to build a viaduct or viaducts over any street or streets, the 
passage of this ordinance shall not be held to change, alter, modify, 
repeal, or in any manner release or discharge any such railroad 
from the duties and obligations imposed in said ordinance or ordi¬ 
nances heretofore passed, save and except that when under the 
provisions of this ordinance any railroad company shall erect and 
construct a viaduct or viaducts over any street or streets, the said 
viaduct or viaducts, when completed, shall be in lieu of a corre¬ 
sponding number required to be erected and completed under the 
provision of any ordinance or ordinances heretofore previously 
passed. 

Sec. 6 . Nor shall the speed of engines or trains be limited on 
any railroad which does not occupy or intersect any public street 
within the corporate limits of the city; provided, suitable walls 
and fences shall be maintained by the railroad company between 
the right-of-way and adjacent lots, streets or public grounds, to 
prevent animals from straying upon or obstructing its tracks, and 
secure persons and property from danger. Provided , that upon 
the extension of the corporate limits of said City of Chicago, any 
railroad company operating its road as to rates of speed under the 
provisions of this section shall erect fences, gates and viaducts in 
said territory so annexed, in accordance with the provisions of this 
ordinance if so required. 

Sec. 7. This ordinance shall be accepted in writing by any 
company desiring to comply with the provisions of the same; the 
said acceptance to be filed with the City Clerk. 

















✓ 
























































t 




























Part III. 


DEEDS, LEASES, 


ETC. 





DEEDS, LEASES. ETC. 


DEED 

FROM 

The United States to The Chicago and Great Western 

Railroad Company. 


Know all Men by these Presents, That: 

Whereas, Under and by virtue of the provisions of the Act ap¬ 
proved May twenty-seventh, eighteen hundred and eighty-six, en¬ 
titled, “An Act to provide for the ascertainment of the market 
value of certain property in the City of Chicago and to authorize 
the Secretary of the Treasury to sell and convey said property,” 
the Secretary of the Treasury named and appointed on the fourth 
day of June, eighteen hundred and eighty-six, within ten days 
after the passage of the said Act as therein provided, a Commission 
consisting of three disinterested persons to appraise the value of 
the property referred to in the said Act, and 

Whereas, The said Commission submitted the report of their 
appraisal on the eleventh day of June, eighteen hundred and 
eighty-six, being within the period of twenty days from the date 
of their appointment as in the said Act provided, and reported that 
the cash market value of the said property was two hundred and 
five thousand dollars ($205,000.00)“and 

Whereas, The Secretary of the Treasury as authorized and em¬ 
powered in the said Act has agreed to sell and convey the said 
property to The Chicago and Great Western Railroad Company 
for the said sum of two hundred and five thousand dollars ($205,- 
000.00), and 

Whereas, The said Company have paid into the Treasury of the 
United States the said sum of two hundred and five thousand dol¬ 
lars ($205,000.00) together Avith the sum of six hundred and 




2 


DEEDS, LEASES, ETC. 


PART III. 


Deed, United States to Ch. & Gt. West. R. R. Co. 


twenty dollars ($620.00), which latter amount constitutes all the 
costs incurred under the provisions of the said Act in appraising 
the said property and ascertaining the price to be paid therefor. 

Now, Therefore, This Indenture Witnesseth, That the Secre¬ 
tary of the Treasury of the United States, acting in that capacity 
herein for and in behalf of the United States of America, and by 
virtue and authority of the aforesaid Act of Congress, of the first 
part, for and in consideration of the said sum of two hundred and 
five thousand dollars ($205,000.00) paid by The Chicago and 
Great Western Railroad Company, a corporation chartered under 
the laws of the State of Illinois, of the second part, doth hereby 
grant, convey, release, sell, assign and transfer unto the said party 
of the second part, its successors and assigns forever, all the fol¬ 
lowing described lot, piece, or parcel of land situate in the City of 
Chicago, County of Cook and State of Illinois, and known and 
described as follows to wit: The south one-half (J) of Block 
eighty-seven (87) in the School Section Addition to Chicago, the 
same fronting three hundred and eighty feet on Polk Street and 
one hundred and ninety-eight feet and six inches (more or less) on 
Fifth Avenue, it being the same tract of land conveyed to the 
United States of America by deed dated the tenth day of Decem¬ 
ber, A. D. eighteen hundred and seventy-three from the said City 
of Chicago. Together with all and singular the hereditaments 
and appurtenances thereunto belonging or in anywise appertain¬ 
ing. 


To have and to hold all and singular the foreo-oiim described 
premises and appurtenances unto the said party of the second part 
and its assigns forever, subject, however, to the following express 
conditions, that all non-competing railroads not now having rUht 
of way into Chieago, desiring to use the tracks, switches, depots 
and terminal facilities of said Chicago and Great Western Railroad, 
shall be by said company or its assigns, permitted to do so, to the 
extent of the capacity of said company to furnish railroad terminal 
facilities, upon fair and equitable terms and regulations; and in the 
event the companies interested cannot agree upon such terms and 




PART III. 


DEEDS, LEASES, ETC. 


3 


Deed, United States to Ch. & Gt. West. R. R. Co. 


regulations, then the same shall be fixed and determined by 
three disinterested persons, one of whom shall be selected by said 
Chicago and Great Western Railroad Company, one by such other 
company as may desire to use said tracks, switches and terminal 
facilities, and the third by the two persons so selected. 

In Witness Whereof, The said party of the first part, acting as 
aforesaid in behalf of the United States of America, has set his hand 
and affixed the seal of the Treasury the eighth day of July, A. D. 


1886. 

[seal.] 


C. S. Fairchild, 
Acting Secretary. 


Witness to the signature of the Acting Secretary. 

Edward J. Graham. 


District of Columbia, 

City and County of Washington. 


ss. 


i 


I, James N. Fitzpatrick, a Notary Public in and for the District 
of Columbia, certify that Charles S. Fairchild, who executed as 
Acting Secretary of the Treasury of the United States, and whose 
name is signed to the instrument hereto annexed bearing date the 
eighth day of July, A. D. 1886, personally appeared before me in 
the District aforesaid, he being personally well known to me to be 
the person who executed the same, and acknowledged that he exe¬ 
cuted the same, and that the same is his act and deed as such Act¬ 
ing Secretary of the Treasury by virtue of the Act of Congress 
therein recited. 

Given under my hand and official seal this eighth day of July, 


A. D. 1886. 
[seal.] 


Jas. N. Fitzpatrick, 

Notary Public. 


Recorded in the office of the Recorder of Cook County, Illinois, 
February 23d, 1892. 




4 


DEEDS, LEASES, ETC. 


PART III. 


ACT OF CONGRESS 
Authorizing foregoing Deed. 

An act to provide for the ascertainment of the market value of 
certain property in the City of Chicago, and to authorize the Sec¬ 
retary of the Treasury to sell and convey said property. 

Whereas, the Chicago and Great Western Railroad Company, 
a corporation chartered under the laws of the State of Illinois, is 
constructing its railroad within the City of Chicago, and possesses, 
under its charter and under the ordinances of said city, a fran¬ 
chise to construct, maintain and operate its railroad to Harrison 
street, in said city, for which purpose it has acquired, and is acquir¬ 
ing, by purchase and otherwise, the real estate lying between Tay¬ 
lor street and said Harrison street, and west of Fifth avenue; and 
W HEREAS, the United States owns the south half of block eighty- 
seven, in school section addition to Chicago, which is in the cen¬ 
ter of the property so acquired and being acquired by said rail¬ 
road company for terminal facilities, and is vacant, and is indis¬ 
pensable to said company in exercising said franchise and affording 
to the public the terminal facilities for which said company has so 
purchased the property as aforesaid; Therefore 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Secretary of the Treasury be, and he is hereby directed to name, 
within ten days after the passage of this act, a commission, to con¬ 
sist of three disinterested persons, whose duty it shall be to as¬ 
certain and report to said Secretary, within twenty days after their 
said appointment, the cash market value of the lot above men¬ 
tioned, in the city of Chicago; and the said Secretary is hereby 
authorized and empowered to sell and convey the said lot to the 
said Chicago and Great Western Railroad Company at such price, 
not less in any event than the value thereof as appraised and re¬ 
ported by said commission, as he and said railroad company shall 
agree upon; the said price, when agreed upon, to be paid in cash; 
Provided, however, That nothing in this act shall be construed so 



PART III. 


DEEDS, LEASES, ETC. 


5 


Act of Congress authorizing foregoing Deed. 

as to direct said Secretary to make said sale unless he shall deem 
the price fixed by the commission or agreed to be paid by said 
railroad company to be a fair and reasonable price, and that the 
interests of the Government will not suffer by said sale, and upon 
payment to the Secretary of the Treasury of said price the title to 
said property shall vest in said company, its successors and assigns. 
Upon the following express conditions, that all non-competing 
railroads not having now right of way into Chicago, desiring to 
use the tracks, switches, depots and terminal facilities of said Chi¬ 
cago and Great Western Railroad, shall be by said company or its 
assigns, permitted to do so, to the extent of the capacity of said 
company to furnish railroad terminal facilities, upon fair and equit¬ 
able terms and regulations ; and in the event the companies interested 
cannot agree upon such terms and regulations, then the same shall 
be fixed and determined by three disinterested persons, one of 
whom shall be selected by said Chicago and Great Western Rail¬ 
road Company, one by such other company as may desire to use 
said tracks, switches and terminal facilities, and the third by the 
two persons so selected. If the purchase price of said land, as 
agreed upon or finally fixed as hereinbefore provided, is not paid 
within ten days after the same shall have been so agreed upon or 
fixed as aforesaid, this act shall lie null and void. 

Sec. 2. That all cost incurred under the provisions hereof in 
appraising said property, or ascertaining the price to be paid there¬ 
for, shall be added to the said price as agreed upon, or as the 
same may be finally fixed hereunder, and paid by said railroad 
company. 

Sec. 3. That the Secretary of the Treasury shall invest the 
purchase money of the said lot received by him, or so much thereof 
as may be necessary, in the purchase or acquisition by condemna¬ 
tion of a site, and in the erection thereon of a suitable and com¬ 
modious warehouse, for the use of the United States local ap¬ 
praiser of customs, and other Government uses, in the city of Chi¬ 
cago. The site and building thereon, when completed upon the 
plans and specifications to be previously made and approved by the 




DEEDS, LEASES, ETC. 


PART III, 


<) 


Act of Congress authorizing foregoing Deed. 


Secretary of the Treasury, shall not exceed in cost the purchase 
money received by the Secretary of the Treasury for the lot men¬ 
tioned in the first section of this act; nor shall any site be pur¬ 
chased until estimates for the erection of a building which will fur¬ 
nish sufficient accommodations for the transaction of the public 
business, and which shall not exceed in cost the balance of the sum 
herein limited after the site shall have been purchased and paid 
for, shall have been approved by the Secretary of the Treasury; 
and no purchase of site, nor plan for said building, shall be ap¬ 
proved by the Secretary of the Treasury involving an expendi¬ 
ture exceeding the said purchase money received by the Secretary 
of the Treasury under this act, for site and building; and the site 


purchased shall leave the building unexposed to danger from fire 
by an open space of at least forty feet, including streets and alleys : 
Provided, That no part of said sum shall be expended until a valid 
title to the said site shall be vested in the United States, nor 
until the State of Illinois shall cede to the United States exclusive 
jurisdiction over the same during the time the United States shall 
be or remain the owner thereof, for all purposes except the admin¬ 
istration of the criminal laws of said State, and the service of civil 
process therein. 

And the act entitled “ An Act for the erection of a public 
building at Chicago, Illinois,” approved March third, eighteen 
hundred and eighty-five, is hereby repealed. 

Approved, May 27, 1886. 




PART III. 


DEEDS, LEASES, ETC. 


7 


DEED. 

Chicago and Great Western Railroad Company 

to 

Chicago and Wisconsin Railroad Company. 


The Grantor, The Chicago and Great Western Railroad Com¬ 
pany a corporation created, organized and existing under and by 
virtue of the laws of the State of Illinois, for and in consideration 
of one dollar and other good and valuable considerations, hereby 
quitclaims to the Chicago and Wisconsin Railroad Company a 
Corporation created, organized and existing under and by virtue 
of the laws of the State of Illinois all and singular the following 
described property lying and being in the town of Cicero in the 
County of Cook and the State of Illinois, to wit: 

A strip or belt of land one hundred (100) feet wide, comprising 
all that part of the north half of the south-east quarter of Section 
seventeen (17), Township thirty-nine (39) north, range thirteen 
(13) east of the third (3rd) principal meridian which is included 
within two (2) lines running parallel with one line being fifty (50) 
feet distant northerly and the other line being fifty (50) feet distant 
southerly from the centre line of said grantor’s railroad as said center 
line is located, surveyed and staked out over and across said above 
described tract of land. 

Also a strip or belt of land one hundred (100) feet wide, com¬ 
prising all that part of the east half of the south west quarter of 
section seventeen (17), in Township thirty-nine (39) north, range 
thirteen (13) east of the (3rd) third principal meridian, which is 
included within two (2) lines running parallel with one line being 
forty-one and one-half (41J) feet distant northerly and the other 
line being fifty-eight and one-half (58J) feet distant southerly from 
the center line of said grantor’s railroad as said center line is located, 
surveyed and staked out over and across said last above described 
tract of land. 





DEEDS, LEASES, ETC. 


PART III. 


8 


Deed, Cli. & Gt. West. R. R. Co. to Ch. & Wis. R. R. Co. 

Also a strip or belt of land one hundred (100) feet wide, next 
south of and adjoining the old St. Charles Air Line Railroad right 
of way, now abandoned, over and across the north twenty (20) 
acres of the west half of the south-west quarter of Section seven¬ 
teen (17), in Township thirty-nine (30) north, range thirteen (13) 
east of the third (3rd) principal meridian. 

Also a strip or belt of land one hundred (100) feet wide, next 
south of and adjoining the old St. Charles Air Line Railroad right 
of way now abandoned over and across the north-east quarter of 
lot six (0) in the Subdivision of Section eighteen (18), in Town¬ 
ship thirty-nine (30) north, range thirteen (13) east of the third 
(3rd) principal meridian. 

Also a strip or belt of land one hundred (100) feet wide com¬ 
prising all that part of the north-west quarter of lot six (6) in the 
Subdivision of Section eighteen (18), Township thirty-nine (39) 
north, range thirteen (13) east of the third (3rd) principal merid¬ 
ian which is included within two (2) lines running parallel with 
one line being forty-one and one-half (41}) feet distant northerly, 
and the other line being fifty-eight and one-half (58}) feet distant 
southerly from the center line of the said grantor’s Railroad as said 
center line is located, surveyed and staked out over and across said 
last above described tract of land. 

Also a strip or belt of land one hundred (100) feet in width 
over and across lot five (5) in the Subdivision of Section eighteen 
(18), Township thirty-nine (39) north, range thirteen (13) east of 
the third (3rd) principal meridian lying immediately south of and 
adjoining the old right of way of the St. Charles and Mississippi 
Air Line Railroad Company, now abandoned. 

Also a strip or belt of land one hundred (100) feet wide, com¬ 
prising all that part of lot seven (7) in the Subdivision of Section 
eighteen (18), Township thirty-nine (39) north, range thirteen 
(13) east of the third (3rd) principal meridian which is included 
within two (2) lines running parallel with one line being forty-one 
and one-half (41}) feet distant northerly, and the other line being 
fifty-eight and one-half (58}) feet distant southerly from the center 




PART III. 


DEEDS, LEASES, ETC. 


9 


Deed, Ch. & Gt. West. R. R. Co. to Ch. & Wis. R. R. Co. 

line of the said grantor’s Railroad as said center line is located, 
surveyed and staked out over and across said last above described 
tract of land. 

Also a strip or belt of land one hundred (100) feet wide, across 
the east half of the east forty (40) acres of lot one (1) in the Sub¬ 
division of Section eighteen (18), Township thirty-nine (39) north, 
range thirteen (13) east of the third (3rd) principal meridian ex¬ 
cept the west half of the south-west quarter, located, and described 
as follows: 

Beginning at a point in the west line of said last mentioned tract 
one hundred and fourteen and nine-tenths (114 T 9 ¥ ths) feet north 
of the center of Harrison Street, and one thousand and eighty-four 
and five-tenths (1,G84 T 5 0 ths) feet east of the west line of said sec¬ 
tion eighteen (18); thence north along said west line of said last 
mentioned tract one hundred and one (101) feet to a point; thence 
south-easterly three hundred and forty-five and six-tenths 
(345 1 6 0 ths) feet to a point on the east line of said lot one. (1) one 
hundred and sixty-nine and eight-tenths (169/^ths) feet north of 
the center of Harrison Street ; thence south along said east line one 
hundred and one (101) feet to a point; thence north-westerly three 
hundred and forty-five and six-tenths (345 T 6 ^ths) feet to the place 
of beginning. 

Also a strip or belt of land one hundred (100) feet wide, across 
the west half of the east forty acres of lot one (1) in the Subdivis¬ 
ion of Section eighteen (18), Township thirty-nine (39) north 
range thirteen (13), east of the third (3rd) principal meridian, ex¬ 
cept the west half of the south-west quarter thereof, located and 
described as follows : 

Beginning at a point on the west line of said last mentioned 
tract one hundred and sixty-one (161) feet north of the centerline 
of Harrison Street and seven hundred and forty-two (742) feet east 
of the west line of said section eighteen (18); thence northerly 
alono- the west line of said last mentioned tract one hundred and 
one (101) feet to a point; thence south-easterly three hundred and 
forty-five and six-tenths (345,^8) feet to a point on the east line 




10 


DEEDS, LEASES, ETC. 


PART III. 


Deed, Ch. & Gt. West. R. R. Co. to Ch. & Wis. R. R. Co. 

of said last mentioned tract two hundred and fifteen and nine- 
tenths (215-^ths) feet north of the center line of Harrison Street; 
thence south along said east line one hundred and one (101) feet 
to a point; thence north-westerly three hundred and forty-live and 
six-tenths (345 T 6 tyhs) feet to the place of beginning. 

Also a part of a tract of land described as block one (1), except 
the east forty acres and the west twenty-two and twenty-nine one 
hundredths acres thereof in the Subdivision of Section eighteen (18) 
Township thirty-nine (39) north, range thirteen (13) east of the 
third (3rd) principal meridian, except the west half of the south¬ 
west quarter thereof more particularly described as follows 
to wit: 

Beginning at a point on the west line of said last mentioned tract 
three hundred and live and seven-tenths (305 T 7 jjths) feet north of 
the center line of Harrison Street; thence south along the west 
line of said last mentioned tract one hundred and forty-seven, 
and seven-tenths (147-^ths) feet; thence east on line parallel with 
the north line of said Harrison Street three hundred and twenty- 
nine (329) feet to the east line of said last mentioned tract; thence 
north along the east line of said last mentioned tract one hundred 
and four and one-tenth (104 1 1 0 th) feet, thence by a straight line 
north-westerly three hundred and thirty and six-tenths (330 j\ths) 
feet to the place of beginning. 

Also a part of a tract of land described as the west twenty-two 
(22) and twenty-nine (29) acres of block one (1) in the Subdivision 
of section eighteen (18), Township thirty-nine (39) north, range 
thirteen (13) east of the third (3rd) principal meridian, except 
the west half of the south-west quarter thereof, more particularly 
described as follows, to wit: 

Beginning at the west line of said last mentioned tract, at a 
point three hundred and fifty-six and seven-tenths (SdG^ths) feet 
north of the center line of Harrison Street, thence south alono* the 
west line of said tract, one hundred and ninety-eight and seven- 
tenths (198 T 7 ir ths) feet, thence east on the line parallel to the north 
line of said Harrison Street, three hundred and eighty (380) feet 




PART III. 


DEEDS, LEASES, ETC. 


11 


Deed, Ch. & Gt. West. R. R. Co. to Ch. & Wis. R. R. Co. 

to the east line of said last mentioned tract, thence north alonsr the 
east line of said tract one hundred and forty-seven and seven- 
tenths (147 f 7 ¥ ths) feet, thence in a straight line north-westerly 
three hundred and eighty-two (382) feet to the place of begin¬ 
ning. 

A map or plat of the said premises hereby conveyed is hereunto 
attached and made part of this deed marked “ Exhibit A,” and 
reference thereto is hereby craved for greater certainty. Said Chi¬ 
cago and Great Western Railroad Company further covenants and 
agrees that it will, upon demand, by good and sufficient conveyances 
in the law, pass to said Chicago and Wisconsin Railroad Company 
any title in fee which it may at any time, or from time to time 
hereafter acquire, if any, to the premises and real estate herein¬ 
above described, or any part thereof, by virtue of any contracts 
therefor now outstanding and subsisting in its favor, whether writ¬ 
ten or parol, and further covenants and agrees that said Chicago 
and Wisconsin Railroad Company, its lessees, successors and assigns, 
shall succeed to and be and become invested with and may exercise 
all and singular all rights, privileges, immunities, franchises and 
ordinances appurtenant to the premises above described, as well 
for railway purposes as otherwise, and hereby assigns and transfers 
the same, and each and every thereof to said Chicago and Wiscon¬ 
sin Railroad Company, and further agrees to execute, acknowl¬ 
edge and deliver to said Chicago and Wisconsin Railroad Company 
any and all further instruments of conveyance and assignment 
which said Chicago and Wisconsin Railroad Company, its succes¬ 
sors, assigns or lessees, may from time to time be advised are rea¬ 
sonable necessary for the more effectually assuring unto it the 
rights, privileges, franchises and immunities hereby conveyed, as¬ 
signed and transferred, or intended so to be, but none other than 
those to which it is now entitled, and with which it is now in¬ 
vested. 

Witness the Corporate Seal of said Chicago and Great Western 
Railroad Company and the signature of its President and the 






12 


DEEDS, LEASES, ETC. 


PART III. 


Deed. Ch. & Gt. West. R. R. Co. to Ch. & Wis. R. R. Co. 

Counter signature of its Assistant Secretary thereunto lawfully au¬ 
thorized this sixteenth (16) day of August, A. D. 1886. 

Chicago and Great Western 
RailRoad Company. 

By Chas. L. Colby, 

President. 
Howard Morris, 
Assistant Secretary. 


Be it remembered that on this sixteenth (16) day of August, A. D. 
eighteen hundred and eighty-six (1886), before me, a Notary Public 
in and for the County of Cook and State of Illinois, aforesaid per¬ 
sonally appeared Charles L. Colby and Howard Morris, to me per¬ 
sonally known, who being first severally duly sworn, upon oath do 
depose and say, the said Charles L. Colby that he is the President, 
and the said Howard Moms that he is the Assistant Secretary of 
the Chicago and Great "Western Railroad Company, and said de¬ 
ponents did further testify in my presence that the Corporate Seal 
appearing upon the foregoing Instrument is the Corporate Seal of 
the said Chicago and Great Western Railroad Company, and that 
the same was attached thereto by its legal custodian, and the said 
Charles L. Colby and the said Howard Morris is severally ac¬ 
knowledged that they executed the foregoing instrument and that 
the same was the free act and deed of said company and of them¬ 
selves respectively and individually for the uses and purposes 
therein set forth, pursuant of express vote of said Corporation there¬ 
unto lawfully authorizing them. 

Given under my hand and seal this sixteenth day of August, A. 
D. eighteen hundred and eighty-six (1886.) 

Kemper K. Knapp, 

Notary Public , Cook County , Illinois. 


Filed in the office of the Recorder of Cook County, October 27, 

1886. 


Kemper K. Knapp. 
Notarial Seal. 
Cook Co., Ills. 


Chicago and Great Western 
Railroad Company. 
Corporate Seal. 


Attest: 


State of Illinois, 
Cook County. 


ss. 






PART III. 


DEEDS, LEASES, ETC. 


13 


LEASE. 


Chicago and Wisconsin Railroad Company 

to 

Chicago and Great Western Railroad Company. 


This Indenture of Lease, made in quadruplicate this sixteenth 
(16) day of August, A. D. 1886, by and between the Chicago and 
Wisconsin Railroad Company, a corporation duly created, organ¬ 
ized and existing under and by virtue of the laws of the State of 
Illinois, and the Chicago, Wisconsin and Minnesota Railroad Com¬ 
pany and the Wisconsin and Minnesota Railroad Company, respect¬ 
ively, duly created, organized and existing under and by virtue of 
the laws of the State of Wisconsin, severally parties of the first 
part, and the Chicago and Great Western Railroad Company, a 
Corporation duly created, organized and existing under and by 
virtue of the laws of the State of Illinois, party of the second part: 

Witnesseth, that said first parties in consideration of the agree¬ 
ments of the second party hereinafter contained, and of the cash 
payment by said second party to the Chicago, Wisconsin and Min¬ 
nesota Railroad Company, and of the rights and privileges herein¬ 
after reserved, have let, demised and leased, and by these pres¬ 
ents do let, demise and lease, unto said second party all that piece, 
portion and part of the Chicago and Wisconsin Railroad so-called, 
now constructed and operated, except equipment, and extending 
from its point of intersection with the center line of Madison 
street (which is also the North line of Section thirteen (13), Town 
thirty-nine (39), North of Range twelve (12), in the Town of 
Proviso, County of Cook and State of Illinois); thence in a south¬ 
erly, south-easterly and easterly direction to the West line of Sec¬ 
tion sixteen (16), town thirty-nine (39), North of Range thirteen 
(13), in the Town of Cicero, County and State aforesaid, including 
all tracks, stations, station-grounds, rights of way, bridges, cul¬ 
verts, side-tracks, turn-tables, water-tanks, engine-houses, shops, 
buildings and every sort of railroad supplies now appurtenant to 





14 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. W. R. R. Co. 

* 

said railroad, and also all rights, liberties, franchises, privileges 
and immunities belonging to said lessors, or either or any of them, 
in any way appertaining to the use and enjoyment of the demised 
premises, as well as all easements, leases, contracts, covenants and 
agreements of any and every sort, relating to said demised prem¬ 
ises, and said first parties hereby severally and respectively as¬ 
sign, transfer and set over unto said second party, all contracts, 
leases, agreements by them, or either of them, heretofore made 
with any and all other railroad corporations relating to the use and 
enjoyment of said demised premises. A map of the railroad 
property and right of way hereby demised, is hereunto annexed 
and made part hereof and marked “ Exhibit A,” and reference 
thereto is hereby made for greater certainty. 

To Have and to Hold unto said Chicago and Great Western 
Railroad Company and its successors and assigns, for the term of 
nine hundred and ninety-nine (999) years from and after the Six¬ 
teenth (16) day of August, A. D. 1886, and for the longest term 
allowed by law, not exceeding however, said term of nine hundred 
and ninety-nine (999) years, subject however, to the reservations, 
payments and conditions hereinafter prescribed and limited. 

In consideration of the premises said parties mutually agree 
each with each, and each with all the others, as follows, to wit: 

First. Said lessors covenant and agree to protect said second 
party, its successors, assigns, lessees, and sub-lessees, in the quiet 
use, possession-and enjoyment of the demised premises during the 
term above limited against all lawful claims, made by, through or 
under them, the said lessors. 

Second. Said second party shall at the time of the execution 
and delivery of these presents, pay to said Chicago, Wisconsin and 
Minnesota Railroad Company the sum of Sixty-Seven Thousand, 
One Hundred Dollars ($67,100) in gold coined money of the United 
States of standard weight and fineness, for and as part payment of 
the rental of the demised premises for the term above limited. 

Third. For and as part of the consideration for the above lease, 
and as part payment for the rental therefor, said lessors reserve 




PART III. 


DEEDS, LEASES, ETC. 


15 


Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. W. R. R. Co. 
unto themselves and unto their successors and assigns, and unto 

O 7 

such person or corporation, if any, as shall or may hereafter at any 
time during the term of this lease, succeed to their estate, in the 
Chicago and Wisconsin Railroad so-called, extending 1 from the 

O 7 O 

Northern boundary line of the State of Illinois, through the County 
of Lake and the Villages of Des Plaines and River Forest, respect¬ 
ively, in Illinois, and to a connection with the demised premises, 
free joint use of the demised premises with the Chicago and Great 
Western Railroad Company, its successors and assigns, and such 
other persons or corporations as it may admit to the use of the 
whole or any part of its terminal facilities, extending from said 
point of intersection with the center line of Madison street, so- 
called, above defined, in a southerly and south-easterly and easterly 
direction to and into and through the Town of Cicero, and to and 
into the City of Chicago. It is expressly agreed, that said free 
joint user of said demised premises above reserved, shall afford to 
said lessors, and their successors and assigns as above defined, free 
and unobstructed trackage at all times on said demised premises 
only for each and all its and their and each of their trains from or 
to each, every, any and all points on the line of said Chicago and 
Wisconsin Railroad, North of the center line of said Madison 
Street as above defined, or from, or to any and all points of the 
system of railways known as the Wisconsin Central Associated 
Lines, by way of said Chicago and Wisconsin Railroad, to or from 
such part or parts of the Chicago and Great Western Railroad 
lying easterly of the West line of section Sixteen (16) in the Town 
of Cicero, County of Cook and State of Illinois, now constructed 
or hereafter to be constructed, which said lessors, or either of them, 
or their or either of their successors or assigns, may now be or 
may hereafter become entitled to use under contract therefor, with 
the Chicago and Great Western Railroad Company, provided, how¬ 
ever, and it is hereby further mutually agreed, that the joint user 
of said demised premises above reserved shall not at any time or 
in any manner, during the term of this lease, be deemed to permit 
said first parties or either of them, or their or either of their sue- 




16 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. W. R. R. Co. 

cessors or assigns in whole or in part, by lease, suffranee or other¬ 
wise, to admit directly or indirectly to the use of the terminal 
facilities of the Chicago and Great Western Railroad Company, 
lying southerly and easterly of the center line of Madison Street 
above defined or any part thereof, any independent railroad com¬ 
pany or system, or line of railway not forming or operated as part 
of the Wisconsin Central Associated Lines, so-called, provided, 
however, that nothing herein contained shall be deemed to prevent 
said lessors and each of them and their and each of their successors 
and assigns from such free joint user of said demised premises, 
so as aforesaid reserved in the transaction of any business 
that may originate upon or be received for transportation 
over, or may be destined to any future extension or extensions 
of said Wisconsin Central Associated Lines in whatsoever 
direction. 

Fourth. As further consideration for this lease said Chicago and 

© 

Great Western Railroad Company further covenants and agrees 
that it will at all times during the term of this lease, maintain said 
demised premises without cost or expense to said lessors, in first- 
class condition, in all respects equal to any part of its line of rail¬ 
road lying easterly of said demised premises, and further covenants 
and agrees that it will do and perform all and singular the things 
required by the lessors, or either of them, to be done and per¬ 
formed by any municipal ordinances in respect of the demised 
premises, or any part thereof, as well those now in force as 
those which may hereafter be lawfully adopted or enacted, and fur¬ 
ther covenants and agrees that it will keep and hold harmless said 
lessors, and each of them, and their, and each of their successors 
and assigns, from all taxes and assessments of whatsoever nature, 
levied, assessed or imposed upon the demised premises, or the earn¬ 
ings made thereupon, saving and excepting only such earnings as 
may be made by said lessors, or either of them, or their, or either 
of their, successors or assigns, and further agrees and covenants that 
at the end of the term above limited it will peaceably and quietly 
surrender up said demised premises to the lessors, their successors 




Part hi. 


DEEDS, LEASES, ETC. 


17 


Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. AVest. R. R. Co. 

and assigns, or to such person or corporation as may then be en¬ 
titled thereto. 

Fifth. Said Chicago and Great Western Railroad Company 
hereby expressly covenants and agrees to all and singular the reser¬ 
vation of free trackage over and free joint user with it of the de¬ 
mised premises herein made and reserved by said lessors unto 
themselves, and each of them, and their, and each of their succes¬ 
sors and assigns. 

Sixth. Said lessors further covenant and agree that they, and 
each of them, will, and their, and each of their, successors and as¬ 
signs, shall from time to time, upon demand, join with said lessee 
hereunder, in executing, acknowledging and delivering such instru¬ 
ments or indentures by way of lease or otherwise, covering the de¬ 
mised premises, as shall or may enable said lessee to use, occupy, 
possess and enjoy th^ same by itself or by its lessees, or by its grant¬ 
ees, of trackage rights hereunder, provided however, and this 
demise is upon express condition subsequent that said Chicago 
and Great Western Railroad Company shall not at any time during 
the term thereof, lease or grant any use, or right to use, the de¬ 
mised property to an extent or upon terms which shall materially 
interfere with the enjoyment thereof, by said lessors, their succes¬ 
sors or assigns, or either of them, pursuant of the reservation here¬ 
in contained. 

Witness in quadruplicate execution hereof, the corporate seals of 
the several parties hereto, and the signatures of their respective 
officers, thereunto duly authorized the day and year first above 
written. 

Chicago and Wisconsin Railroad Company, 

By Henry S. Hawley, 

President. 

Attest: 

Howard Morris, 

Secretary. 


Chicago and Wisconsin 
Railroad Company, 
1884. 





18 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & Wis R. R. Co. to Ch. & Gt. West. R. R - Co. 

Chicago, Wisconsin and Minnesota Railroad Company, 


Wisconsin and Minnesota Railroad Company, 

By Chas. L. Colby, 

President. 

Attest: 

Howard Morris, 
Assistant Secretary. 

Chicago and Great Western Railroad Company, 


State or Illinois, ) 

County of Cook, f ss ’ 

Be it remembered that on this sixteenth (1G) day of August, A. 
D. eighteen hundred and eighty-six (188G) before me, a Notary 
Public in and for the County of Cook and State of Illinois as 
aforesaid, personally appeared Henry S. Hawley t and Howard 
Morris, to me personally known, who being first severally duly 
sworn, upon oath do depose and say, the said Henry S. Hawley, 
that he is the President, and the said Howard Morris, that he is the 
Secretary of the Chicago and Wisconsin Railroad Company; and 
said deponents did further testify in my presence that the corporate 
seal appearing upon the foregoing instrument is the corporate seal 
of the said Chicago and Wisconsin Railroad Company; and that 
the same was attached thereto by its legal custodian and the said 


Chi cage* and Great Western 
Railroad Company 
Corporate Seal. 


By Ciias. L. Colby, 

President. 

Attest: 

Howard Morris, 
Assistant Secretary. 


Seal of the Wisconsin 
and Minnesota 
Railroad Company. 


Chicago, Wisconsin and 
Minnesota Railroad 
Company Seal, 1885. 


By Ciias. L. Colby, 

President. 

Attest: 

Howard Morris, 
Assistant Secretary. 








Part iii. 


DEEDS, LEASES, ETC. 


19 




Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. West. R. R. Co. 

Henry S. Hawley and the said Howard Morris severally acknowl¬ 
edged that they executed the foregoing instrument, and that the 
same was the free act and deed of said Company and of themselves 
respectively and individually, for the uses and purposes therein set 
forth, pursuant of express vote of said Corporation thereunto law¬ 
fully authorizing them. 

Given under my hand and seal this sixteenth (16) day of August 
A. D. eighteen hundred and eighty-six (1886). 

Kemper K. Knapp, 

Notary Public, Cook County , Illinois. 


Kemper K. Knapp, 
Notarial Seal, 
Cook Co., Ills. 


State of Wisconsin, ) 

7 V SS 

County of Milwaukee, f 

Be it remembered that on this sixteenth (16) day of August, A. 
D. eighteen hundred and eighty-six (1886) before me, a Notary 
Public in and for the County of Milwaukee and State of Wisconsin 
aforesaid, personally appeared Charles L. Colby and Howard 
Morris, to me personally known, who being first severally duly 
sworn, upon oath do depose and say, the said Charles L. Colby that 
he is the President, and the said Howard Morris that he is the As¬ 
sistant Secretary of the Chicago, Wisconsin and Minnesota Railroad 
Company; and said deponents did further testify in my presence 
that the corporate seal appearing upon the foregoing instrument is 
the corporate seal of the said Chicago, Wisconsin and Minnesota 
Railroad Company, and that the same was attached thereto by its 
legal custodian; and the said Charles L. Colby and the said How¬ 
ard Morris severally acknowledged that they executed the fore¬ 
going instrument, and that the same was the free act and deed of 
said Company and of themselves respectively and individually for 
the uses and purposes therein set forth, pursuant of express vote of 
said corporation thereunto lawfully authorizing them. 









DEEDS, LEASES, ETC. 


PART III. 


2 () 


Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. West. R. R. Co. 

Given under my hand and seal this sixteenth (16) day of August 

A. D. eighteen hundred and eighty-six (1886). 

William Shimwell, 

Notary Public , 

Milwaukee County , Wisconsin. 


Wm. Shimwell, 
Notary Public, 
Milwaukee 
County, Wis. 


State of Wisconsin, 
Counti 7 of Milwaukee, 


ss. 


Be it remembered that on this sixteenth (16) day of August, 
A. D. Eighteen hundred and eighty-six (1886), before me a notary 
public, in and for the County of Milwaukee, and State of Wiscon¬ 
sin aforesaid, personally appeared Charles L. Colby and Howard 
Morris, to me personally known, who being first severally duly 
sworn, upon oath do depose and say, the said Charles L. Colby 
that he is the President, and the said Howard Morris that he is the 
Assistant Secretary of the Wisconsin and Minnesota Railroad Com¬ 
pany, and said deponents did further testify in my presence that 
the corporate seal appearing upon the foregoing instrument is the 
Corporate Seal of the said Wisconsin and Minnesota Railroad Com¬ 
pany, and that the same was attached thereto by its legal custo¬ 
dian; and the said Charles L. Colby and the said Howard Morris, 
severally acknowledged that they executed the foregoing instru¬ 
ment, and that the same was the free act and deed of said Com¬ 
pany, and of themselves respectively and individually, for the uses 
and purposes therein set forth, pursuant of express vote of said 
corporation thereunto lawfully authorizing them. ' 

Given under my hand and seal, this Sixteenth (16) day of Au¬ 
gust, A. D. Eighteen hundred and eighty-six (1886). 

William Shimwell, 

Notary Public, 

Milwaukee County , Wisconsin. 


Wm. Shimwell, 
Notary Public, 
Milwaukee 
County, Wis. 








part hi. DEEDS, LEASES, ETC. 21 

Lease, Ch. & Wis. R. R. Co. to Ch. & Gt. West. R. R. Co. 


State of Illinois, 1 

7 V gg 

County of Cook. ) 1 

Be it remembered that on this Sixteenth (16) day of August, 
A. D. Eighteen hundred and eighty-six (1886), before me, a notary 
public in and for the County of Cook, and State of Illinois afore¬ 
said, personally appeared Charles L. Colby and Howard Morris, to 
me personally known, who being first severally duly sworn, upon 
oath do depose and say, the said Charles L. Colby that he is 
President, and the said Howard Morris that he is the Assistant Sec¬ 
retary of the Chicago and Great Western Railroad Company, and 
said deponents did further testify in my presence, that the corpo¬ 
rate seal appearing upon the foregoing instrument is the Corporate 
Seal of the said Chicago and Great Western Railroad Company; 
and that the same was attached thereto by its legal custodian; 
and the said Charles L. Colby and the said Howard Morris sever¬ 
ally acknowledged that they executed the foregoing instrument, 

* 

and that the same was the free act and deed of said Company and 
of themselves respectively and individually, for the uses and pur¬ 
poses therein set forth, pursuant of express vote of said corpora¬ 
tion, thereunto lawfully authorizing them. 

Given under my hand and seal, this Sixteenth (16) day of Au¬ 
gust, A. D. Eighteen hundred and eighty-six (1886). 

Kemper K. Knapp, 

Notary Public , Cook County , Illinois. 


Recorded in the Recorder’s Office of Cook County, October 27, 
1886. 


Kemper K. Knapp, 
Notary Public, 
Cook Co., Ills. 










22 


DEEDS, LEASES, ETC. 


PART III. 


LEASE. 

Chicago and Wisconsin Railroad Company 

to 

Chicago, Wisconsin and Minnesota Railroad Company. 

This Indenture of Lease, made this first (1st) day of September, 
A. D. Eighteen hundred and eighty-five (1885), by and between 
the Chicago and Wisconsin Railroad Company, a corporation duly 
created, organized and existing under and by virtue of the consti¬ 
tution and laws of the State of Illinois, party of the first part, and 
the Chicago, Wisconsin and Minnesota Railroad Company a corpo¬ 
ration duly created, organized and existing under and by virtue of 
the constitution and laws of the State of Wisconsin, party of the 
second part. 

Wztnesseth: 

Whereas, Messrs. Charles L. Colby and Frederick N.Finney, as 
they are contractors for building the Chicago and Wisconsin Rail¬ 
road, have consented and agreed to exchange all the securities 
of said Chicago and Wisconsin Railroad Company which they are to 
receive under their said contract, for the following securities of 
the Chicago, Wisconsin and Minnesota Railroad Company to wit: 

First Mortgage Bonds, amounting to One million one hundred 
thousand dollars ($1,100,000). 

Income Bonds, amounting to Four hundred thousand dollars 
($400,000). 

Preferred Stock, amounting to Six hundred thousand dollars 
($600,000), and, 

Common Stock, amounting to Four hundred thousand dollars 
($400,000.) 

Row Therefore, said first party in consideration of One Dollar 
to it in hand paid, and of divers other good and valuable consid¬ 
erations, and in further consideration of the agreements of the 
lessee hereinafter set forth, has let, demised and leased, and hereby 
does let, demise and lease unto said second party, all that railroad 





1»ALT III. 


DEEDS, LEASES, ETC. 


23 


Lea?e, Ch. & Wis. R. R. Co. to Oh., Wis. & Minn. R. R. Co. 

of this company located and to he located, built, and to be built 
from the terminus of the Chicago and Great Western Railroad Com¬ 
pany, so called, upon the West line of Section Sixteen (16), Town 
thirty-nine (39) North, of Range Thirteen (13), East in the Town of 
Cicero, in the County of Cook, and State of Illinois, running thence 
westerly and northerly upon the located line of this Company 
through the villages of Harlem, Oak Park, River Forest and Des 
Plaines, in the County of Cook, and through Lake county, so-called, 
in said State of Illinois, to a junction with the Chicago, Wisconsin 
and Northern Railroad, so called, on the northerly boundary line 
of the State of Illinois; together w th all branches and exten¬ 
sions of the same which may at any time % here after be constructed 
by the lessor; together with all its tracks, stations, station grounds, 
rights of way, bridges, side tracks, turn tables, water-tanks, engine 
houses, shops and buildings, and all its motive power and rolling 
stock of every description, its iron and steel rails, fish-plates, 
spikes, tools, implements, railroad materials, telegraph lines, tele¬ 
graphic materials, building material, bar iron, oil, waste, fuel and 
every sort of railroad supplies, now, or hereafter to be acquired; 
together with all buildings, shops, erections and superstructures of 
every kind, furniture, appurtenances and movable property of every 
kind; together with all improvements or additions thereof here¬ 
after to be made to or upon any or all of said property; meaning and 
intending hereby to demise and let unto said second party all of the 
property of the Chicago and Wisconsin Railroad Company of what¬ 
soever sort and description, and all the rights, liberties, privileges, 
and franchises belonging to said first party, or in any way apper¬ 
taining to the use and enjoyment of the demised premises, as well 
as all easements, leases, contracts, covenants and agreements of any 
and every sort relating to the demised premises; and said first 
party hereby assigns, transfers and sets over unto said second party, 
all contracts, leases and agreements by it made with any and 
all other railroad corporations prior to the delivery of possession 
of said property to said second party, whereby said first party may 
acquire or has acquired the right of entrance into the City of 










24 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & AVis. R. R. Co. to Ch., A\ r is. & Minn. R. R. Co. 

Chicago, and use of terminal facilities in said City, and also the 
right to maintain, operate, use and enjoy any and all railroads 
constructed in the State of Illinois by said first party; and hereby 
declares that said first party now executes this lease in order to 
enable said second party to use the Chicago and Wisconsin Kail- 
road as said second party’s trunk line between the termini herein¬ 
before mentioned, and as a railway for the transportation of per¬ 
sons and property by said second party, its successors, lessees and 
assigns, as completely and fully as if said second party were ab¬ 
solute owner thereof. 

To Havp and to Hold the same to said Chicago, Wisconsin and 
Minnesota Railroad Company, its successors and assigns, for the 
term of Nine hundred and ninety-nine (999) years, and for the 
longest term of years allowed by law, not exceeding said nine 
hundred and ninety-nine (999) years, from and after the date when 
the said Chicago and Wisconsin Railroad Company, so called, shall 
have been completed and ready for business and shall have been 
delivered to and accepted by said second party for operation as a 
completed railway in undisturbed possession, use and control of 
said second party, and its successors and assigns, to its and their 
sole use, benefit and behoof. 

In consideration whereof, said Chicago, Wisconsin and Minne¬ 
sota Railroad Company, for itself and for its successors, lessees 
and assigns, agrees to pay all license fees, taxes and impositions, 
whatsoever, imposed by law upon and payable during said term 
out of all the demised premises to any municipal, federal or state 
authority lawfully entitled to receive the same ; and covenants to 
keep the demised premises insured, so far as the same and any 
portion thereof are properly insurable, against fire ; and to pay 
the said lessor on or before the first day of September in each and 
every year during the term of said lease, an annual rental upon 
said demised premises of One Dollar, and to assume all liabilities of 
accident arising from operation of the demised premises, and to 
replace all worn out or broken rails or other property concerned in 
the operation thereof, and at the end of said term to deliver to 





PART III. 


DEEDS, LEASES, ETC. 


25 


Lease, Ch. & Wis. R. R. Co. to Ch., Wis. & Minn. R. R. Co. 


said lessor the demised premises in condition substantially as good 
as when received by said second party. 

Said Chicago, Wisconsin and Minnesota Railroad Company fur¬ 
ther agrees to and with said Chicago and Wisconsin Railroad 
Company that, upon demand, it will issue and deliver to John A. 
Stewart and Edwin H. Abbot, as Trustees, its securities as follows, 
to wit: 

First Mortgage Bonds, amounting to one million, one hundred 
thousand dollars ($1,100,000); and Income Bonds, amounting to 
Four hundred thousand dollars ($400,000), upon the trust to deliver 
the same to whomsoever shall present, deliver and surrender to 
them One million, one hundred thousand dollars ($1,100,000), of 
the first mortgage bonded indebtedness, and Four hundred thou¬ 
sand dollars ($400,000) of the income bonded indebtedness of the 
Chicago and Wisconsin Railroad Company in the first mortgage 
bond and the income bond of said Company, which are issued and 
delivered by said Company, in payment for the Chicago and Wis¬ 
consin Railroad. And it is hereby mutually agreed that said John 
A. Stewart and Edwin H. Abbot, Trustees as aforesaid, and their 
survivors, survivor, successors and successor shall thereafter and 
until the retirement and cancellation of the aforesaid first mort¬ 
gage and income bonded indebtedness of the Chicago and Wiscon- 
sin Railroad Company, hold, use and control its said first mort¬ 
gage bond and its said income bond, in their judgment and discre¬ 
tion in order more effectually to secure the possession of said les¬ 
see hereunder, and to protect the parties who from time to time 
shall be and become holders of the first mortgage bonds and the 
income bonds issued by the Chicago, Wisconsin and Minnesota 
Railroad Company in substitution and exchange for the said first 
mortgage bond and income bond of the Chicago and Wisconsin 
Railroad Company. 

Said Chicago, Wisconsin and Minnesota Railroad Company 
further agrees with said Chicago and Wisconsin Railroad Compa¬ 
ny that, upon demand, it will issue and deliver to Charles L. 
Colby, Edwin H. Abbot and Colgate Hoyt, as Trustees, Six hun- 







DEEDS, LEASES, ETC. 


FART III. 


26 


Lease, Ch. & Wis. R. R. Co. to Ch., Wis. & Minn. R. R. Co. 

dred thousand dollars ($600,000) of its preferred stock, and Four 
hundred thousand dollars ($400,000) of its common stock, upon 
the trust to deliver the same to whomsoever shall present, deliver, 
transfer and surrender to them, all the preferred stock and com¬ 
mon stock of the Chicago and Wisconsin Railroad Company, 
which is issued in payment for the Chicago and Wisconsin Rail- 
road, to wit: preferred stock of said last named Company, amount¬ 
ing to Nine hundred thousand dollars ($900,000) and common 
stock of said Company, amounting to Six hundred thousand dol¬ 
lars ($600,000) And it is hereby mutually agreed, that said 
Charles L. Colby, Edwin H. Abbot and Colgate Hoyt, Trustees as 
aforesaid, and their survivors, survivor, successors, successor and 
assigns shall thereafter, during the term of this lease, hold said 
stock of the Chicago and Wisconsin Railroad Company in their 
own names, or in the names of such other person or persons as 
they may from time to time designate, and shall thereafter use 
and control all said stock, for the sole purpose of more effectually 
securing in their judgment and discretion, the possession of the 
lessee hereunder, and of protecting in every lawful and necessary 
way, the parties who shall be and become from time to time dur¬ 
ing said lease, holders of the bonds and of the preferred and com¬ 
mon stock which shall be issued by the Chicago, Wisconsin and 
Minnesota Railroad Company, in substitution and exchange for 
the bonds and the preferred and common stock of the Chicago and 
W isconsin Railroad Company. 

Witness the seals of the corporate parties hereto, and the hands 
of their officers lawfully authorized thereto, and the hands and 
seals of said John A. Stewart, Charles L. Colby, Edwin H. Abbot 
and Colgate Hoyt, above named, in quadruplicate execution here¬ 
of, the day and year above written. 

Chicago and Wisconsin Railroad Company. 

By Elliott C. Flower, Special Agent . 

Attest : 

[seal.] Howard Morris, Secretary . 







PART III. 


27 


DEEDS, LEASES, ETC. 


Lease, Ch. & Wis. R. R. Co. to Ch., Wis. & Minn. R. R. Co. 


Chicago, Wisconsin and Minnesota Railroad Company, 

By Henry S. Hawley, President. 


Attest: 

[seal.] John P. Neal, Secretary. 


John A. Stewart. 
Edwin H. Abbot. 
Chas. L. Colby. 
Colgate Hoyt. 


[seal.] 

[seal.] 

[seal.] 

[seal.] 



Be it remembered that on this ninth day of February, A. D. 
1886, personally came before me, a Notary Public in and for the 
Comity of Cook and State of Illinois aforesaid, Elliott C. Flower 
and Howard Morris, who being first by me duly sworn, upon oath 
did depose and say respectively, the said Elliott C. Flower that he 
signed and executed the foregoing lease pursuant of express vote 
of the Chicago and Wisconsin Railroad Company thereunto author¬ 
izing him, and the said Howard Morris that he is the Secretary of 
said Company, and likewise countersigned and attested the fore¬ 
going lease by the express authority of the Chicago and Wisconsin 
Railroad Company; and that the seal attached thereto is the com¬ 
mon and corporate seal of said Company, and was thereunto 
affixed by its authority; and said Elliott C. Flower and Howard 
Morris did then and there severally and respectively acknowledge 
the foregoing instrument to be the free act and deed of said Com¬ 
pany and of themselves individually, for the uses and purposes 

therein set forth. 


Witness my hand and Notarial Seal this 9th day of February, 
A. D. 1886. 



Jesse B. Barton, 

Notary Public , Cook County , Illinois . 








28 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & Wis. R. R. Co. to Ch., Wis. & Minn. R. R. Co. 


State of New York, 

City and County of New York. 



Oil this twentieth day of February, one thousand eight hundred 
and eighty-six, before me personally appeared John A. Stewart, 
Edwin H. Abbot, Charles L. Colby and Colgate Hoyt, to me per¬ 
sonally known, and known to me to be the individuals described in 
and who executed the within instrument, and severally acknowl¬ 
edged that they executed the same for the purposes therein set 
forth. 

Witness my hand and official seal this 20th day of February, 
1886. 


Robert S. Minturn, 

[seal.] Notary Public, (109) New York County . 


Recorded in the office of the Secretary of State of Illinois, 
February 26, 1886. 

Recorded in the office of the Recorder of Cook County, February 
26th, 1886. 

Recorded in the office of the Recorder of Lake County, Illinois, 
July 16th, 1886. 









I*ART HI. 


DEEDS, LEASES, ETC. 


29 


DEED. 

City of Chicago to John P. Neal. 

This Indenture, made this 21st day of March, A. D. 1888. 

Between the City of Chicago, a Municipal Corporation organized 
and existing under the laws of the State of Illinois, party of the 
first part, and John P. Neal of the County of Cook and State of 
Illinois, party of the second part. 

Witnesseth : Whereas the Board of Education of said city of 
Chicago, did on the 26th day of February, A. D. 1887, approve of 
and adopt the report of its Committee on School Fund property, 
concerning the sale of the premises hereinafter described to John 
P. Neal, and did request the Mayor and the City Council of the 
City of Chicago to consent to the sale, and to execute a convey¬ 
ance of Block Eighty-Eight (88), and the North half of Block 
Eighty-Seven (87), of School Section Addition to Chicago, to John 
P. Neal, for the consideration of Six hundred and fifty thousand 
dollars ($650,000.00) upon the following terms, viz: 

1st. That said Neal or the Chicago and Great Western Railroad 
Company shall first surrender and cancel, or cause to be surrendered 
and canceled, all existing leases upon said property or any part 
thereof. 

2nd. That all accrued rentals due the Board of Education un¬ 
der said leases, and all taxes or special assessments upon the im¬ 
provements upon said property to be first paid. 

3rd. That the said Neal and the said Railroad Company shall 
cause to be paid to the Board of Education, until the First day of 
May, 1888, a sum equal to the amount of the rentals which would 
accrue under the provisions of said leases during the period inter¬ 
vening, as though they continued in force. 

4th. That the said John I 3 . Neal and said Chicago and Great 
Western Railroad Company execute and deliver a mortgage to the 
Board of Education, secured upon the property conveyed, for the 
sum of Six hundred and fifty thousand dollars, payable in fifty 




DEEDS, LEASES, ETC. 

Deed, City of Chicago to Neal. 


PART III. 


30 


years after the First day of May, A. D. 1888, with interest from 
said date at the rate of five per centum per annum, payable on the 
First day of November and May in each and every year during said 
period of fifty years, which Mortgage shall contain covenants and 
conditions satisfactory to the Board of Education. 

5th. The said Mortgage shall contain a provision that in case 
of default in the payment of said semi-annual interest or in the 
payment of any taxes or special assessments lawfully assessed 
upon said premises or any part thereof, and such default in either 
case shall continue for the period of thirty days after written no¬ 
tice to said company, the rate of interest upon the principal of said 
Mortgage shall, for the remainder of said period of fifty years, 
be eight per centum per annum, instead of five per centum per 
annum. 

6th. The Railroad Company shall, within the period of two 
years from May 1, 1887, erect permanent passenger depot build¬ 
ings upon the land conveyed for railroad purposes, at a cost not 
less than Two hundred and fifty thousand dollars; provided, how¬ 
ever, that the time, if any, during which said Company may be 
delayed in the completion of such buildings by injunct ion bona fide 
issued, or prevented by labor strikes over which they have no con¬ 
trol, shall not be treated as a part of said two years, and that said 
Company shall execute a bond, with good and sufficient sureties to 
be approved by the Board of Education, in the penal sum of $250,- 
000, conditioned upon the performance of the requirement of this 
Article. 

And Whereas, the City Council of the City of Chicago, did on 
the 21st day of March, A. D. 1887, concur in and authorize such 
sale and conveyance on the terms above set forth by the passage of 
an order, as follows, viz: 

“ Ordered that the Mayor and City Comptroller be, and they are 
hereby, authorized and directed to execute a conveyance of the 
North half of Block 87, and Block 88, School Section Addition to 
Chicago, to John P. Neal, upon the terms and conditions as set 
forth in the Board of Education communication hereto annexed.” 




PART III. 


DEEDS, LEASES, ETC. 


31 


Deed, City of Chicago to Neal. 

And Whereas, a question arose between said parties as to whether 
the Mortgage to secure the purchase money of said premises should 
be executed to said Board of Education or to said City of Chicago, 
which question was submitted for decision to the Supreme Court of 
Illinois, at the September Term, A. D. 1887, in the case of the 
People ex relatione John P. JSfecd vs. John A. Poche , Mayor of the 
City of Chicago et al ., being a petition for Mandamus, and after¬ 
wards and on, to wit: the 19th day of January, A. D. 1888, the 
opinion of said Court was filed, holding that such Mortgage should 
be executed to the City of Chicago. 

And Whereas, said Board of Education, did on the 11th day of 
February, A. D. 1888, approve of and adopt the report of its 
Judiciary Committee, concerning such sale, and did pass the fol¬ 
lowing resolution, viz.: 

“ Resolved, That the Board of Education of the City of Chicago 
hereby consents to the sale, and requests the City Council of the 
City of Chicago, to concur therein and execute the conve}^ance of 
Block Eighty-Eight (88), and the North half of Block Eighty- 
seven (87), of School Section Addition to Chicago, to John P. 
Neal, upon the execution by said John P. Neal and wife, and by 
said Chicago and Great Western Railroad Company, of a mortgage 
and bond in the form hereto annexed ” ; the form of mortgage 
therein referred to being a mortgage to the City of Chicago and 
the bond therein referred to, being a bond in the sum of Two hun¬ 
dred and fifty thousand dollars ($250,000.00), to be executed by 
the Chicago and Great Western Railroad Company, with sureties, 
conditioned for the erection of a Passenger Depot, upon said prem¬ 
ises, within two years from the First day of May, A. D. 1888. 

And Whereas, the City Council of the City of Chicago, did on 
the 20th day of February A. D. 1888, amend such proposed form 
of mortgage in certain particulars, and did thereupon pass the fol¬ 
lowing ordinance, viz: 

“ Be it ordained by the City Council of the City of Chicago: 

Section 1. That the Mayor and City Comptroller be, and they 
are hereby authorized and directed to execute a conveyance of the 







DEEDS, LEASES, ETC. 

Deed, City of Chicago to Neal. 


PART III. 


ft *1 

oZ 


North half of Block 87 and Block 88, School Section Addition to 
Chicago, to John P. Neal, upon the terms and conditions set forth 
in the report of the Judiciary Committee of the Board of Educa¬ 
tion, as amended by the City Council. 

Sec. 2. This ordinance shall be in force and effect from and after 
its passage.” 

And Whereas, the said Board of Education did on the 7th day 
of March, A. D. 1888, approve of and adopt such amendment in 
said proposed form of Mortgage and did pass the following resolu¬ 
tion, viz: 

“ Whereas, the Board of Education of the City of Chicago, did 
on the 11th day of February, 1888, by resolution consent to the 
sale and request the City Council of the City of Chicago, to concur 
therein, and to execute a conveyance of Block Eighty-Eight (88) 
and the North half of Block Eighty-seven (87) School Section Ad¬ 
dition to Chicago, to John P. Neal, upon the execution by the said 
Neal and wife, and the Chicago and Great Western Railroad Com¬ 
pany, of a Mortgage in the sum of Six hundred and fifty thousand 
dollars ($650,000.00), to secure the purchase money of said prem¬ 
ises, with a bond in the sum of Two hundred and fifty thousand dol¬ 
lars ($250,000.00) to secure the erection of a Passenger Depot 
thereon, the form of which bond and mortgage were approved by 
the Board of Education, and 

“ Whereas, the City Council of the City of Chicago did, on the 
20th day of February, 1888, amend the form of such proposed 
mortgage in the second paragraph of the Sixth Section thereof, by 
striking out the words ‘ Board of Education ’ so that the same as 
amended reads as follows: 

“ ‘In case of the foreclosure of this Indenture of Mortgage it shall 
be lawful to institute all necessary proceedings in Court in the name 
of the party of the second part,’ etc.; and 

“ Whereas, the City Council by an ordinance passed on said 
20th day of February, 1888, and approved by the Mayor, February 
25th, 1888, did authorize and direct the Mayor and City Comp¬ 
troller to execute such conveyance to the said John P. Neal, upon 






PART III. 


DEEDS, LEASES, ETC. 


33 


Deed, City of Chicago to Neal. 

the execution of the Mortgage so amended, and of the bond in the 
form approved by the Board of Education. Now therefore, 

“ Resolved , That the Board of Education hereby consents to and 
ratifies such amendment, with like force and effect as if the same 
had been expressed, and contained in the form of the Mortgage, 
approved by the Board of Education, on the 11th day of Feb¬ 
ruary, A. D. 1888.” 

And Whereas, all existing leases upon said premises, or any part 
thereof, have been surrendered and canceled and all accrued rent¬ 
als due, to said Board of Education, under such leases, and all 
taxes and special assessments upon the improvements upon said 
premises, have been paid to the said Board of Education, a sum 
equal to the amount of rentals which would accrue under the pro¬ 
visions of said leases, had they continued in force, until May First, 
A. D. 1888, and the said John P. Neal and the said Chicago and 
Great Western Railroad Company stand ready to execute and de¬ 
liver a mortgage to the City of Chicago, to secure the purchase 
money of Six hundred and fifty thousand dollars ($650,000.00), in 
the form so approved as aforesaid, and the said Chicago and Great 
Western Railroad Company stands ready to execute a bond, in 
the form so approved, as aforesaid, with sufficient sureties, con¬ 
ditioned for the erection of a Passenger Depot, upon said premises 
within Two (2) years from May First, A. D. 1888. 

Now, therefore, in consideration of the premises and for the 
purpose of giving effect to the proceedings of said Board of Edu¬ 
cation, and of the City Council of the City of Chicago, as above 
set forth, and in consideration of the sum of Six hundred and fifty 
thousand dollars ($650,000.00) ' the party of the first part has 
aliened, remised, released and conveyed, and does hereby alien, re¬ 
mise, release and convey unto the party of the second part, all and 
singular, the following described premises situated in the City of 
Chicago, in the County of Cook and State of Illinois, to wit: 

Block Eighty-Eight (88) and the North half of Block Eighty- 
seven (87) of the School Section Addition to the City of Chicago, 
beiim a Subdivision of Section number sixteen (16) Township 





34 


DEEDS, LEASES, ETC. 


PART III. 


Deed, City of Chicago to Neal. 

number thirty-nine (39) North, Range number Fourteen (14) East 
of the Third Principal Meridian, together with all and singular 
the tenements, hereditaments and appurtenances thereunto belong¬ 
ing, to have and to hold the same unto the party of the second 
part, his heirs and assigns forever. 

In W itness Whereof, the party of the first part has caused this 

; 

Indenture to be signed by its Mayor and City Comptroller, and 
has caused its Corporate Seal to be hereunto affixed the day and 
year first above written. 

The City of Chicago, 

Ity John A. Rociie, 

Mayor. 

Augustus H. Burley, 

City Comptroller. 

[seal.] D. W. Nickerson, 

, City Clerk. 

State of Illinois, ( 

Cook County, j ss * 

I, B. Boyden, a Notary Public in and for said County, in the 
State aforesaid, do hereby certify that John A. Roche, as Mayor of 
the City of Chicago, and Augustus H. Burley, as City Comptroller 
of the City of Chicago, personally known to me to be such Mayor 
and City Comptroller respectively, and the same persons whose 
names as such Mayor and City Comptroller are respectively sub¬ 
scribed to the foregoing Instrument, appeared before me this day 
in person and acknowledged that they signed, sealed and delivered 
the said Instrument and caused the Corporate Seal of the City of 
Chicago, to be affixed thereto as their free and voluntary act as such 
Mayor and City Comptroller respectively and as the free and voluntary 
act of said City of Chicago, for the uses and purposes therein set forth. 

Given under my hand and Notarial Seal this fourteenth day of 
April, A. D. 1888. 

[seal.] B. Boyden. 

Recorded in the office of the Recorder of Cook County, April 
14th, 1888. 




PART III. 


DEEDS, LEASES, ETC. 


35 


LEASE. 

Cicero School Trustees 
to 

The Chicago ani> Great Western Railroad Company. 


This Indenture made this first day of July, A. D. 1885, between 
the Trustees of Schools of Township Thirty-nine (39), Range (13) 
in the Town of Cicero in the County of Cook and State of Illinois, 
party of the first part, and the Chicago and Great Western Rail¬ 
road Company, a corporation organized under and by virtue of the 
laws of the State of Illinois, and having a residence therein, party 
of the second part. 

Witnesseth : That party of the first part for and in considera¬ 
tion of the covenants and agreements hereinafter mentioned to be 
kept and performed by the party of the second part, has demised 
and leased, and does by these presents demise and lease to the party 
of the second part, its successors and assigns, for permanent im¬ 
provement the following described Real Estate situate in said Town 
of Cicero, in County and State aforesaid, viz: That portion of 
School Section Sixteen (16), in Township Thirty-nine (39) North, of 
Range Thirteen (13) East of the Third Principal Meridian, lying south 
of the old St. Charles Air Line R. R. Right of Way, containing One 
Hundred and Forty-Eight acres (148) acres more or less for the 
term of Seventy years (70 years) beginning on the first day of July, 
A. D. 1885, and ending on the thirtieth day of June, A. D. 1955, 
at an annual rental, of a sum equal to Six (6) per cent, of the Cash 
value of said Real Estate from time to time as hereinafter stated, 
payable semi-annually in advance during said term at the office of 
the Township Treasurer, of Township Thirty-nine (39), Range 
Thirteen (13), Cook County, Illinois. 

It is mutually agreed between the party of the first part and their 
successors in office, and the party of the second part, its successors 
and assigns, that the cash value of said Real Estate for the first ten 
years of said term is hereby fixed and stipulated to be at the rate 





DEEDS, LEASES, ETC. 


PART III. 


36 


Lease, Cicero School Trustees to Ch. & Gt. West. R. R. Co. 

of Four Hundred Dollars per acre ($400.00 per acre.) That the 
party of the second part is to use, occupy and enjoy said premises 
free from rent for the first one year, of said ten years, of said term. 

And the said party of the second part, its successors and assigns, 
in consideration of the leasing of the premises aforesaid, covenants 
and agrees with said party of the first part, their successors in office, 
to pay the rent above specified, for the last nine years of the first 
ten years of said term, that is to say: to pay the sum of Three 
Thousand Five Hundred and Fifty Two Dollars ($3,552.00) per 
annum in sums of Seventeen Hundred and Seventy Six Dollars 
($1,776.00) in advance on the first day of every six months of said 
Nine Years at the office of Township Treasurer of Township Thirty- 
nine (39), Range Thirteen (13), Cook County, Ills. And it is fur¬ 
ther covenanted by the parties hereto at the expiration of said first 
ten years of said term of Seventy years, if they shall be unable to 
agree upon the cash value of said Real Estate for the second ten 
years of this lease, then and in such case the party of the first part 
shall select one appraiser, and the party of the second part shall 
select one appraiser, and the two appraisers so selected, if they 
shall fail to agree upon the cash value of said land for the second 
ten years of said term, shall choose a third appraiser, all of whom 
shall be reputable freeholders to the extent in value of Ten Thou¬ 
sand Dollars, and residents of said Cook County, and a majority of 
said appraisers shall fix the cash value of said Real Estate for said 
second ten years of said term, and when so fixed, party of the sec¬ 
ond part shall pay to the party of the first part as annual rent for 
said second ten years of said term a sum of money equal to six per 
cent, of such appraised value of said real estate, payable as first 
above mentioned. 

It is further covenanted between the parties hereto that the 
above provision as to the appraisement of said Real Estate and pay¬ 
ment of rent at the rate of six per cent, of the valuation thereof, 
shall extend to the third, fourth, fifth, sixth and seventh ten years 
of said term, and until said Seventy years have expired. 

And the said party of the second part agrees to pay said annual 




PART III. 


DEEDS, LEASES, ETC. 

Lease, Cicero School Trustees to Ch. & Gt. West. R. R. Co. 


37 


rent of six per cent, on the appraised value of said land front tune 
to time as herein set forth, payable semi-annually in advance, at 
the office of the Township Treasurer of Township Thirty-nine (39) 
Range Thirteen (13), Cook County, Illinois. 

And it is further covenanted by the parties hereto, that said 
Chicago and Great Western R. R. Company are to pay all taxes, if 
any are hereafter levied, and all assessments on said premises herein 
described, and all taxes and assessments on any improvements 
which may be placed on said land herein described during this 
lease. And it is further agreed that at the end of this lease all 
rent due under the same having been paid, the improvements made 
by said Railroad Company shall belong to said Company, and may 
be removed by it, its successors or assigns, within a reasonable time 
after the expiration of said seventy years or earlier determination 
of this lease; said reasonable time not to extend beyond one year. 

It is expressly agreed between the parties aforesaid, that if 
the rent above reserved or any part thereof, shall not be paid on 
the day when the same is due by the terms hereof, and shall re¬ 
main unpaid for the space of sixty days thereafter, or if default 
shall be made in any of the covenants and agreements herein con¬ 
tained, to be kept by the said party of the second part, its succes¬ 
sors and assigns, it shall and may be lawful for the said party of 
the first part, their successors and assigns, at their election to de¬ 
clare said term ended, and into the said premises or any part 
thereof, to re-enter; and the said party of the second part, or any 
other person or persons, occupying in or upon the same, to expel, 
remove, and to put out, and the said premises again to repossess 
and enjoy as in their first and former estate, and to distrain for 
any rent that may be due thereon, and to levy upon any property 
belonging to the party of the second part, whether the same be ex¬ 
empt from execution or distress by law or not; and said party of 
the second part, in that case hereby agrees to waive all legal rights 
which it now has or may have, to hold or retain any such property, 
under any exemption laws now in force in this State. And if at 
any time said term shall be ended at such election of said 






38 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Cicero School Trustees to Ch. & Gt. West. R. R. Co. 


party of the first part, their successors or assigns, as aforesaid, or 
in any other way, the said party of the second part, its successors 
or assigns, do hereby covenant and agree to surrender and deliver 
up the said above described premises, reasonable time being given 
for the removal of the improvements, as aforesaid, peaceably to 
said party of the first part, their successors and assigns, immedi¬ 
ately upon the determination of said term, as aforesaid, and if it 
shall remain in the possession of the same ninety days after such 
default or after the termination of this lease in any of the ways 
above named, it shall be deemed guilty of a forcible detainer of 
said premises under the Statute, and shall be subject to all condi¬ 
tions and provisions above named, and to eviction and removal, as 
above stated. 

Said party of the second part covenants with said party of the 
first part, to erect and maintain upon said Real Estate a Freight 
and Passenger Depot, Railroad Tracks, Side Tracks, Switches and 
Transfer Tracks, and to afford ample facilities for surburban busi¬ 
ness within a reasonable time after the completion of its road. 

In W itness Whereof, the party of the first part has caused these 
presents to be signed by its President and Secretary, and approved 
by the Board, and the party of the second part has executed this 
lease by the signature of its President and Secretary, and attach¬ 
ment of its corporate seal in duplicate. 

Nelson M. Bassett, 

President Board of Trustees of 
Schools of Township39, Range 
13, Cook County, Illinois. 

Geo. A. Philbrick, 

Treasurer and ex-officio Secretary. 
Chicago and Great Western 

Railroad Co. 
By Chas. L. Colby, 

President. 
Edwin H. Abbot, 

Secretary. 


Trustees of Schools. 

SEAL. 

T. 39, R. 13, Cook Co., Ill. 





PART III. 


DEEDS, LEASES, ETC. 


39 


TRANSCRIPT 

from the Record of the Plat of Greene’s South Branch 

Addition to Chicago. 

“ Greene’s South Branch ) Map, entitled as in the margin, recorded 
Addition to Chicago.” f June 17, 1856, in Book 98 of maps, 

page 90. 

Surveyor’s Certificate, dated June 16, 1856, certifies that he has 
surveyed the “ N. fracl. part” of Section 29, T. 39 N., R. 14 E. 
of 3d P. M., excepting the East 16 72/100 acres, and on requisi¬ 
tion of the Chicago South Branch Canal Company and others, sub¬ 
divided the same into such lots or tracts of land and Streets and 
Canals as delineated on the adjoined plat, and that said plat is a 
correct representation of said survey and subdivision. 

Certificate, dated June 16, 1856, by William Green, John F. 
Hance, in person, William L. Sampson, Caleb Allen and Richard 
eJ. Arnold, by James H. Rees, their Attorney, Roswell B. Mason, 
Joseph Fisk, William S. Sampson and Charles Stetson, by Amos 
G. Throop, their Attorney, Amos G. Throop and Hiram Joy, in 
person, proprietors of Green’s South Branch Addition to Chicago, 
laid out on the north fractional half of the North East quarter, 
and the North West fractional part of the North West quarter of 
Section 29, T. 39 N., R. 14 E., according to the survey and map 
thereof made by William Clogher above certified, certify that they 
have laid out and allotted said land according to the map thereof, 
and that they do hereby acknowledge and adopt the same, reserv¬ 
ing the right to lay down and maintain one or more Railroad 
tracks, in each of the Streets laid out in said addition, together 
with all necessary switches, Turnout and Turn tables, and also to 
extend all or any of the canals designated in said Addition north 
to South Street. 

Acknowledged June 16, 1856, by William Green, John F. 
Hance, Amos G. Throop and Hiram Joy, in person, James H. Rees 





40 


DEEDS, LEASES, ETC. 


PART III. 


Plat, Greene’s South Branch Addition. 

on behalf, and as attorney in fact of William L. Sampson, Caleb 
Allen, and Richard J. Arnold, and by Amos G. Throop, as attor¬ 
ney in fact of Roswell B. Mason, Joseph Fisk, William L. Samp¬ 
son and Charles Stetson. 




PART III. 


DEEDS, LEASES, ETC. 


41 


DEED. 

Chicago South Branch Dock Company 

to 

Bridgeport and South Chicago Railroad Company. 


This Indenture Witnesseth, that the Grantor, The Chicago 
South Branch Dock Company, of the City of Chicago in the 
County of Cook and State of Illinois, for the consideration of Five 
($5) Dollars, conveys and quitclaims to the Bridgeport and 
South Chicago Railroad Company of Illinois, of the City of 
Chicago, County of Cook and State of Illinois, all interest in the 
following described Real Estate, to wit: 

All the lands, tenements, hereditaments, franchises, rights, 
privileges, easements, rights of way, contracts, agreements and prop¬ 
erty of every name, nature and description, of, belonging to or 
vested in the Chicago South Branch Dock Company and not here¬ 
tofore conveyed by it, situated in the County of Cook in the State 
of Illinois, hereby releasing and waiving all rights under and by 
virtue of the Homestead Exemption Laws of this State. 

Dated this Twelfth day of February, A. D. 1889. 

Chicago South Branch Dock Company, [seal.] 

By Roswell B. Mason, [seal.] 

Its President , and 

Edward G. Mason, [seal.] 

Its /Secretary . 

Attest : E. G. Mason, 

Secretary . 


Corporate 

Seal. 


State of Illinois, ) 

County of Cook, j * 

I, Sydney Richmond Taber, a Notary Public in and for the 
County aforesaid, do hereby certify that Roswell B. Mason, Presi¬ 
dent, and Edward G. Mason, Secretary of Chicago South Branch 
Dock Company, who are personally known to me to be the Presi¬ 
dent and Secretary of said Company, personally appeared before 







42 


DEEDS, LEASES, ETC. 


PART III. 


Deed, Ch. So. Branch Dock Co. to Bridgeport & S. C. R. R. Co. 

me this day and acknowledged that they signed, sealed and deliv¬ 
ered the annexed Instrument as the free and voluntary act of said 
Company, and as their free and voluntary act as the President and 
Secretary of said Company, for the uses and purposes therein set 
forth. 

Given under my hand and Notarial seal this twelfth day of Feb¬ 
ruary, A. D. 1889. 

Sydney Richmond Taber, 

[seal.] Notary Public. 

Filed in the office of the Recorder of Cook County, May 27th, 
1890. 




PART III. 


DEEDS, LEASES, ETC. 


43 


DEED. 

Chicago and Great Western Railroad Company 

to 

Chicago and Northern Pacific Railroad Company. 


This Indenture, made this eleventh (11th) day of March, A. 
D. 1890, by and between the Chicago and Great Western Rail¬ 
road Company, a corporation created, organized and existing under 
and by virtue of the laws of the State of Illinois, party of the 
first part, and the Chicago and Northern Pacific Railroad Com¬ 
pany, a corporation created, organized and existing under and by 
virtue of the laws of the said State of Illinois, party of the sec¬ 
ond part. 

Whereas, The Chicago and Northern Pacific Railroad Company, 
the grantee herein, is in possession of and operating in connection 
with and in the extension of its own railway lines, all the railroad, 
right of way, buildings, rolling stock, and real and personal prop¬ 
erty of every kind and description, of the Chicago and Great 
Western Railroad Company, the grantor herein: 

Now, Therefore, this Indenture Witnesseth: That the 
grantor, the Chicago and Great Western Railroad Company, for 
and in consideration of the sum of one dollar and other valuable 
considerations to it in hand paid, conveys and warrants to the 
Chicago and Northern Pacific Railroad Company, the grantee, all 
the railway property, corporate rights and franchises of the said 
Chicago and Great Western Railroad Company, except the fran¬ 
chise to be a corporation; which said railway property includes 
among other things, the railway lines of the party of the first 
part now constructed from the north line of the south half of 
Block 87, in the School Section Addition to the City of Chicago, 
in the State of Illinois; thence southerly and southwesterly across 
the south branch of the Chicago River north of Twelfth street in 
said city; thence in a southerly and southwesterly direction to 
Stewart avenue so called, in said city; thence in a general west¬ 
erly direction through said City of Chicago to the west line of sec- 





44 


DEEDS, LEASES, ETC. 


PART III. 


Deed, Ch. <& Gt. West. R. R. Co. to Ch. & North. Pac. R. R. Co. 


tion sixteen in the Town of Cicero in said County of Cook, to¬ 
gether with the passenger stations, round houses, freight sheds, 
freight houses, yards, depot grounds, rights of way and other ter¬ 
minal and transfer facilities connected therewith, and all other real 
and personal property of said Railroad Company. 

In witness whereof, the Chicago and Great Western Railroad 
Company has caused these presents to be signed by its President 
thereunto duly authorized, and its corporate seal to be hereunto at¬ 
tached, and attested by its Secretary thereunto duly authorized, this 
eleventh (11th) day of March, A. D. 1890. 

Chicago and Great Western Railroad Company. 

By A. A. Allen, 

President. 

Attest: 

William E. Duncombe, 

Secretary. 


Chicago and 
Great Western 
[Corporate Seal.] 
Railroad Company. 


State of Illinois, ) 

Cook County, j 

I, Kemper Iv. Knapp, a Notary Public in and for Cook County, 
in the State of Illinois, do hereby certify that A. A. Allen and Wil¬ 
liam E. Duncombe, personally known to me to be the President and 
Secretary respectively of the Chicago and Great Western Railroad 
Company, appeared before me this day in person and acknowl¬ 
edged that they executed the foregoing instrument for and on be¬ 
half of said Chicago and Great Western Railroad Company, as 
the free and voluntary act of said Railroad Company, for the uses 
and purposes therein set forth. 

Given under my hand and notarial seal this eleventh (11th) day 
of March, A. D. 1890. 

Kemper K. Knapp, 

Notary Piblic. 

Recorded in the office of the Recorder of Cook County, Illinois, 
May 27th, 1890. 


Kemper K. Knapp, 
[Notarial Seal.] 
Cook County, Ills. 







PART III. 


DEEDS, LEASES, ETC. 


45 


DEED. 

Chicago, Harlem and Batavia Railway Company 

TO 

Chicago and Northern Pacific Railroad Company. 


This Indenture, made this eleventh (11th) day of March, A. D. 
1890, by and between the Chicago, Harlem and Batavia Rail¬ 
way Company, a corporation created, organized and existing under 
and by virtue of the laws of the State of Illinois, party of the first 
part, and the Chicago and Northern Pacific Railroad Company, 
a corporation created, organized and existing* under and by virtue 

of the laws of the said State of Illinois, party of the second part. 

» 

Whereas, The Chicago and Northern Pacific Railroad Company, 
the grantee herein, is in possession of and operating in connection 
with and in the extension of its own railwav lines, all the railroad, 
right of way, buildings, rolling-stock and real and personal prop¬ 
erty of every kind and description of the Chicago, Harlem and Ba¬ 
tavia Railway Company, the grantor herein: 

Now, therefore, this Indenture witnesseth : That the grantor, 
the Chicago, Harlem and Batavia Railway Company, for and in 
consideration of the sum of one dollar and other valuable consid¬ 
erations to it in hand paid, conveys and warrants to the Chicago and 
Northern Pacific Railroad Company, the grantee, all the railway 
property, corporate rights and franchises of the said Chicago, Har¬ 
lem and Batavia Railway Company, except the franchise to be a 
corporation; which property includes among other things the 
suburban depots, depot grounds, rights of way, connecting tracks 
and other facilities forming part of a railway line commencing at a 
point of junction with the railroad of the Chicago and Great West¬ 
ern Railroad Company at or near Crawford avenue, so-called, in 
said City of Chicago; thence northerly to a point at or near West 
Randolph street in said city; thence in a general westerly direction 
to a connection with the railway line of the Chicago and Wiscon¬ 
sin Railroad Company in the County of Cook, in said State, with a 





4(3 


DEEDS, LEASES, ETC. 


PART III. 


Deed, Ch., Har. & Bat. Ry. Co. to Ch. & North. Pac. R. R. Co. 

branch line running in a general southerly direction, to a point at 
or near Desplaines avenue in said County of Cook, State of Illi¬ 
nois, and all other real and personal property of said Railway 
Company. 

In witness whereof, the Chicago, Harlem and Batavia Railway 
Company has caused these presents to be signed by its President, 
thereunto duly authorized, and its corporate seal to be hereunto 
attached, and attested by its Secretary, thereunto duly authorized, 
this eleventh (11th) day of March, A. D. 1890. 

Chicago, Harlem and Batavia Railway Company, 

By A. A. Allen, 

President. 

William E. Duncombe, 

Secretary. 


Chicago, Harlem and 
Batavia 

[Corporate Seal.] 
Railway Company. 


Attest : 


State of Illinois, ) 

Cook County, j ss * 

I, Kemper K. Knapp, a Notary Public in and for Cook County, 
in the State of Illinois, do hereby certify that A. A. Allen and 
William E. Duncombe, personally known to me to be the President 
and Secretary respectively of the Chicago, Harlem and Batavia 
Railway Company, appeared before me this day in person, and ac¬ 
knowledged that they executed the foregoing instrument for and 
on behalf of said Chicago, Harlem and Batavia Railway Company 
as the free and voluntary act of said Railway Company, for the 
uses and purposes therein set forth. 

Given under my hand and notarial seal, this eleventh (11th) 
day of March, 1890. 

Kemper K. Knapp, 

Notary Public. 


Recorded in the office of the Recorder of Cook County, Illinois, 
May 27th, 1890. 


Kemper K. Knapp, 
[Notarial Seal.] 
Cook County, Ills. 









PART III. 


DEEDS, LEASES, ETC. 


47 


DEED. 

Bridgeport and South Chicago Railroad Company 

to 

Chicago and Northern Pacific Railroad Company. 


This Indenture, made this eleventh (11th) day of March, A.D. 
1890, by and between the Bridgeport and South Chicago Railroad 
Company, a corporation created, organized and existing under and 
by virtue of the laws of the State of Illinois, party of the first 
part, and the Chicago and Northern Pacific Railroad Company, a 
corporation created, organized and existing under and by virtue of 
the laws of the said State of Illinois, party of the second part. 

Whereas, The Chicago and Northern Pacific Railroad Company, 
the grantee herein, is in possession of and operating in connection 
with, and in the extension of, its own railway lines, all the railroad, 
right of way, buildings, rolling stock and real and personal prop¬ 
erty of every kind and description of the Bridgeport and South 
Chicago Railroad Company, the grantor herein: 

Now, therefore, this Indenture witnesseth, that the grantor, 
the Bridgeport and South Chicago Railroad Company, for and in 
consideration of the sum of one dollar and other valuable consider¬ 
ations to it in hand paid, conveys and warrants to the Chicago and 
Northern Pacific Railroad Company, the grantee, all the railway 
property, corporate rights and franchises of the said Bridgeport 
and South Chicago Railroad Company, except the franchise to be a 
corporation; which property now includes, among other things, 
the lands now owned, and the railway lines now owned and con¬ 
structed by the party of the first part in said city of Chicago, 
forming part of its railway lines and terminal facilities connected 
therewith, beginning at a point of connection with the Chicago 
and Great Western Railroad at or near Rebecca street in said cit} 7 , 
and running thence in a general southerly and easterly direction to 
the southern and eastern limits of the county of Cook in the State 
of Illinois, and all other real and personal property of said railroad 
company. 





48 


DEEDS, LEASES, ETC. 


PART III. 


Deed, Bridgeport & S. C. R. R. Co. to Ch. & North. Pac. R. R. Co. 


Ix witness whereof, the Bridgeport and South Chicago Railroad 
Company has caused these presents to he signed by its President, 
thereunto duly authorized, and its corporate seal to be hereunto 
attached and attested by its Secretary, thereunto duly authorized, 
this eleventh (11th) day of March, A. D. 1890. 

Bridgeport and South Chicago Railroad Company, 


Bridgeport and 
South Chicago 
[Corporate Seal.] 
Railroad Company. 


Attest: 


By A. A. Allen, 

President. 

William E. Duncombe, 

Secretary. 


State of Illinois, ) 

Cook County. j ss ' 

I, Kemper K. Knapp, a Notary Public in and for Cook County, 
in the State of Illinois, do hereby certify that A. A. Allen and 
William E. Duncombe, personally known to me to be the President 
and Secretary, respectively, of the Bridgeport and South Chicago 
Railroad Company, appeared before me this day in person and ac¬ 
knowledged that they executed the foregoing instrument for and 
on behalf of said Bridgeport and South Chicago Railroad Com¬ 
pany as the free and voluntary act of said Railroad Company, for 
the uses and purposes therein set forth. 

Given under my hand and notarial seal this eleventh (11th) day 
of March, A. D. 1890. 

Kemper Iv. Knapp, 

Notary Public. 


Recorded in the office of the Recorder of Cook County, Illinois, 
May 27th, 1890. 


Kemper K. Knapp. 
[Notarial Seal.] 
Cook County, Ills. 









PA11T III. 


DEEDS, LEASES, ETC. 


41) 


LEASE. 


Chicago and Northern Pacific Railroad Company 

to 

Wisconsin Central Company and Wisconsin Central Railroad 

Company. 


This Indenture of Contract and Lease, made the first day 
of April, A. D. one thousand eight hundred and ninety (1890), 
by and between the Chicago and Northern Pacific Rail¬ 
road Company, a corporation duly created, organized and existing 
under and by virtue of the laws of the State of Illinois, hereinafter 
called the Chicago Company, party of the first part; and the Wis¬ 
consin Central Company, a consolidated corporation duly created, 
organized and existing under and by virtue of the laws of the 
States of Wisconsin and Minnesota, and the Wisconsin Central 
Railroad Company, a corporation duly created, organized and ex¬ 
isting under and by virtue of the laws of the State of Wisconsin, 
hereinafter called the Wisconsin Companies, parties of the second 
part, jointly and severally. 

Whereas, The Chicago Company has acquired and is now the 
owner of those certain terminal lines, facilities and properties in 
the County of Cook, in the State of Illinois, heretofore owned by 
the Chicago and Great Western Railroad Company, the Chicago, 
Harlem and Batavia Railway Company, and the Bridgeport and 
South Chicago Railroad Company, each being a corporation created, 
organized and existing under and by virtue of the laws of said 
State of Illinois, and is also the owner of Block Eighty-eight (88) 
and the north half of Block Eighty-seven (87) in the School Sec¬ 
tion Addition to the City of Chicago, at the junction of Harrison 
Street and Fifth Avenue in said City, and the depots, stations and 
other improvements thereon, and has leased from the School Board 
of the Town of Cicero, in said County of Cook, the Forty-eighth 
street Transfer Yard so-called, in Section Sixteen (16) in said Town, 
and intends in the near future to complete the passenger station 





50 


DEEDS, LEASES, ETC. 


part nr. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 

known as the Grand Central Passenger Station, at the junction of 
Harrison Street and Fifth Avenue, and also to erect freight houses, 
elevators, warehouses, roundhouses, shops, and such other build¬ 
ings and appurtenances of a permanent character as may be neces¬ 
sary or convenient for use in connection with its said terminal prop¬ 
erties, and also to complete, construct and otherwise acquire addi¬ 
tional lines of railway and other property; and 

AViieeeas, The Chicago Company did, in due conformity with 
law, execute and deliver to The Farmers’ Loan and Trust Com¬ 
pany, in the City of New York, its certain first deed of trust or 
mortgage, dated the first day of April, A. D. 1890, covering the 
properties of the Chicago Company as therein particularly de¬ 
scribed, to secure its first mortgage, fifty-year, live percent, bonds, 
principal and interest payable in gold, to the amount of not exceed¬ 
ing thirty millions of dollars; and 

Whereas, The Chicago and Wisconsin Railroad Company is a 
corporation created, organized and existing under and by virtue of 
the laws of the State of Illinois, and heretofore constructed a line 
of railway extending from a point of junction with the tracks of 
the Chicago and Great Western Railroad Company, now owned by 
the said Chicago and Northern Pacific Railroad Company, party of 
the first part hereto, at the West line of Section Sixteen (1(3), 
Township Thirty-nine (39) North, Range Thirteen (13), in the 
Town of Cicero, County of Cook, and State of Illinois, in a general 
Westerly and Northerly direction through the Town of Proviso 
and the Village of River Forest by way of River Park and lies- 
plaines to a point of junction with the railroad of the Chicago, Wis¬ 
consin and Minnesota Railroad Company, upon the Northern 
boundary line of the State of Illinois, and heretofore, to wit: on or 
about the 1st day of September, A. I). 1885, duly made, executed 
and delivered to the Chicago, Wisconsin and Minnesota Railroad 
Company, and said last-named Company accepted a lease of said 
Chicago and Wisconsin Railroad for the term of nine hundred and 
ninety-nine (999) years, and for the longest term allowed by law, 
and not exceeding said term, which said lease was thereafter re- 




PART III. 


DEEDS, LEASES, ETC. 


51 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


corded and now appears of record, reference whereto is hereby 
made; and 

Whereas, That portion of the said Chicago and Wisconsin Rail¬ 
road, which lies between the intersection thereof by the North line 
of Section Thirteen (13) in Township Thirty-nine (39) North, Range 
Twelve (12), in the Town of Proviso, in the County of Cook, State 
of Illinois, at the North line of Madison street, so called, and said 
West line of Section Sixteen (16), aforesaid, was constructed in 
whole or in part upon lands owned and acquired by the Chicago 
and Great Western Railroad Company, and said last named Com¬ 
pany, by deed, dated the 16th day of August, A. D. 1886, con¬ 
veyed the same to said Chicago and Wisconsin Railroad Company, 
and on said day acquired from the owners of and persons interested 
in the railway so conveyed by it to the Chicago and Wisconsin 
Railroad Company, a lease thereof for the term of nine hundred 
and ninety-nine (999) years, and for the longest term allowed by 
law, not exceeding said term, reserving free trackage during said 
term, reference whereto is hereby made; and 

Whereas, The Chicago, Wisconsin and Minnesota Railroad Com¬ 
pany is a corporation created, organized and existing under and by 
virtue of the laws of the State of Wisconsin, and is the owner of a 
line of railway extending from a point of junction with the said 
Chicago and Wisconsin Railroad upon the Southern boundary line 
of the State of Wisconsin in a general northerly direction by way 
of Burlington and Waukesha, to a point of junction with the Mil¬ 
waukee and Lake Winnebago Railroad, so called, at Schleisinger- 
ville in the County of Washington, and State of Wisconsin, and 
heretofore leased the Chicago and Wisconsin Railroad for the afore¬ 
said term of nine hundred and ninety-nine (999) years, and by 
instrument dated the 1st day of September, A. D. 1885, duly de¬ 
mised and leased unto the Wisconsin and Minnesota Railroad Com¬ 
pany, a corporation created and organized under the laws of the 
State of Wisconsin, for the term of ninety-nine (99) years, the line 
of railway owned and leased by it, extending from said Schleis- 
ino-erville to the West line of Section Sixteen (16), in the Town of 




52 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


Cicero aforesaid, and certain terms and provisions of said lease last 
above mentioned were thereafter modified by a certain agreement 
between said Chicago, Wisconsin and Minnesota Railroad Company 
and said Wisconsin and Minnesota Railroad Company and Messrs. 
John A. Stewart and Edwin H. Abbot, Trustees under the mort¬ 
gage of the said Chicago, Wisconsin and Minnesota Railroad Com¬ 
pany, and dated the 26th day of July, A. D. 1886, reference to 
which said lease and modifying agreement last mentioned is hereby 
made, and said modified lease is now in full force and effect ; and 

Whereas, Said modified lease of the Chicago, Wisconsin and 
Minnesota Railroad was assigned to and assumed by the Wisconsin 
Central Company under and by virtue of a certain agreement be¬ 
tween all parties in interest, dated the 31st day of May, A. D. 
1888, reference whereto is hereby made, and the Wisconsin Cen¬ 
tral Company is now in possession of and operating the Chicago, 
Wisconsin and Minnesota Railroad and the Chicago and Wisconsin 
Railroad to a connection with the tracks of the said Chicago and 
Northern Pacific Railroad Company, party of the first part hereto; 
under and by virtue thereof; and 

Whereas, The Milwaukee and Lake Winnebago Company is a 
corporation created, organized and existing under and by virtue of 
the laws of the State of Wisconsin, and heretofore constructed a 
line of railway extending from Schliesinoyrville, so called, in 
the County of Washington and State of Wisconsin, by way 
of the cities of Fond du Lac and Oshkosh to a junction with the 
main line of the Wisconsin Central Railroad, in Little Lake Buttes 
des Morts, at Neenah, so called, in the County of Winnebago, in 
the State of Wisconsin, and has heretofore leased its line of rail¬ 
way to the Wisconsin Central Railroad Company for the term of 
ninety-nine (99) years by an instrument dated the 27th day of 
March, A. D. 1882, reference whereto is hereby made, and the 
M isconsin Central Railroad Company is now in possession of and 
operating the Milwaukee and Lake Winnebago Railroad under and 

bv virtue of said lease; and 

*/ * 

Whereas, The Wisconsin Central Railroad Company has hereto- 




PART ITT. 


DEEDS, LEASES, ETC. 


53 


Lease, Cli. & North. Pac. R. R. Co. to Wis. Cent. Co. 


fore constructed and now operates a line of railway extending from 
the City of Menasha in the County of Winnebago and State of Wis¬ 
consin, and thence by way of Keen ah and Waupaca in a general 
Northwesterly direction to the City of Stevens Point in the County 
of Portage; and thence in a Northwesterly direction byway of 
Marshfield to Spencer, and thence in a Northerly direction by way 
of Abbotsford, Phillips and Mellen, to the City of Ashland upon 
Lake Superior, to a connection with the tracks of the Northern 
Pacific Railroad Company, and also a branch extending in a south¬ 
erly direction from said City of Stevens Point to the City of Port¬ 
age in the County of Columbia and State of Wisconsin, and also 
sundry spurs now used in connection with said main lines of rail- 
wav and sundry other lines, as lessee; and 

Whereas, Said Wisconsin Central Company is the owner of cer¬ 
tain lines of railway extending from said Abbotsford by way of 
Eau Claire and Chippewa Falls to Trout Brook Junction, in the 
State of Minnesota, making connection at the cities of St. Paul 
and Minneapolis, in said State of Minnesota, with the tracks of the 
St. Paul and Northern Pacific Railroad Company, the railroad of 
which last named Company is leased, controlled and operated by 
the Northern Pacific Railroad Company; and 

Whereas, The railroad lines owned, leased and controlled by 
the said Wisconsin Central Company and the said Wisconsin Cen¬ 
tral Railroad Company together form a continuous line or lines of 
railway extending generally from a point of connection with the 
tracks of the Chicago and Northern Pacific Railroad Company, at 
the City of Chicago, to the City of Ashland, on Lake Superior, 
and the cities of St. Paul and Minneapolis, in the State of Minne¬ 
sota, and now known and ordinarily described as the A\ isconsin Cen¬ 
tral System; and 

Whereas, The Wisconsin Companies desire to enter jointly and 
severally into an indenture of contract and lease "with the Chicago 
Company, and the Chicago Company desires to make an indenture 
of contract and lease with the Wisconsin Companies, as herein 

provided: 






DEEDS, LEASES, ETC. 


r.urr nr. 


54 


Lease, Cli. & North. Pac. E. R. Co. to Wis. Cent. Co. 


Now therefore, ttiis Indenture WITNESSETH : That, for and ill 
consideration of the sum of one dollar by each to the other paid, 
the receipt whereof is hereby acknowledged, and of the mutual 
covenants and agreements hereinafter contained, the parties hereto 
do hereby covenant and agree, to and with each other, as follows, 
that is to say: 

Article One. The Chicago Company has granted, demised 
and leased, and by these presents does grant, demise and lease unto 
the Wisconsin Companies, jointly and severally, their successors 
and assigns, all and singular the following described property, to 
wit: Block Eighty-eight (88) and the North half of Block Eighty- 
seven (87) in the School Section Addition to the City of Chicago, 
in the State of Illinois, being a subdivision of Section Sixteen (1(3) 
Township Thirty-nine (3 ( J) North, Range Fourteen (14) East of the 
Third Principal Meridian, together with the railway tracks, build¬ 
ings, stations, depots and other improvements situated thereon; 
also all the railway lines, premises and real and personal property 
formerly belonging to the Chicago and Great Western Railroad 
Company, which said property includes the railway lines now con¬ 
structed, beginning at a point of connection with the railway tracks 
upon said Block Eighty-eight (88) and the north half of Block 
Eighty-seven (87) in the said School Section Addition to the City 
of Chicago above described, extending tlienee southerly and south¬ 
westerly across the south branch of the Chicago River north of 
Twelfth Street in said City; thence in a southerly and southwest- 

A 1 "tc wart Avenue in said city; thence in a general 

westerly direction through said City of Chicago to the west line of 
Section Sixteen (16) in the Town of Cicero, Cook County, State 
of Illinois; also all the railway lines, premises and real and per¬ 
sonal property formerly belonging to the Bridgeport and South 
Chicago Railroad Company, which said property now includes 
lands, railways and terminal facilities forming part of a line of 
railway, not yet completed, beginning at a point of connection 
with the line of railway formerly belonging to the Chicago and 
Great Western Railroad Company, at or near Rebecca Street, in 





PART III. 


DEEDS, LEASES, ETC. 


55 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


the City of Chicago, and extending thence in a general southerly 
and easterly direction to the southern and eastern limits of the 
County of Cook, in the State of Illinois; and also all the railway 
lilies^ premises, and real and personal property formerly belonging 
to the Chicago, Harlem and Batavia Railway Company, which 
property includes the railway lines commencing at a point of junc¬ 
tion with the railway lines formerly belonging to the said Chicago 
and Great Western Railroad Company, at or near Crawford Ave¬ 
nue, in the City of Chicago, extending thence northerly to a point 
at or near West Randolph Street in said city; thence in a general 
westerly direction to a connection with the railway line of the Chi¬ 
cago and Wisconsin Railroad Company, in the County of Cook, 
State of Illinois, with a branch line running in a general southerly 
direction to a point at or near Des Plaines avenue in said County 
of Cook, State of Illinois, which said lands and premises are shown 
upon a map annexed hereto and made part hereof, and marked 
“ Exhibit A,” and identified by the signature of the Chief Engineer 
of the Chicago Company; also all the lands, tenements, heredita¬ 
ments, easements and appurtenances belonging or in anywise ap¬ 
pertaining thereto, and all the railways, ways and rights of way, 
depot grounds, tracks, bridges, viaducts, culverts, fences and other 
structures, depots, station houses, engine houses, car houses, freight 
houses, wood houses, elevators, warehouses, power plants, machine 
and repair shops and their equipment, vater tanks, turn tables, 
superstructures, erections, buildings and fixtures belonging to 
or connected with said lines of railway hereinbefore partic¬ 
ularly described, or the business thereof; also all rails, ties, 
fastenings, switches, side-tracks, machinery, tools, and im¬ 
plements now owned by the Chicago Company, or hereafter ac¬ 
quired for use upon said railway lines, and all corporate rights, 
privileges, immunities, franchises, and ordinances now held, pos¬ 
sessed or hereafter acquired by the Chicago Company, connected 
with or relating to the construction, operation, maintenance, use or 
enjoyment of said railway lines, and all other lands, leaseholds, 
premises and properties, real or personal, of whatever kind or de- 




DEEDS, LEASES, ETC. 


part in. 


56 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


scription, rights, privileges, franchises, ordinances and immunities, 
now owned, or which may hereafter be acquired by the Chicago 
Company, including all branch and extension lines of railroad 
which may hereafter be acquired, owned, leased or otherwise con¬ 
trolled by the Chicago Company, together with the appurtenances 
thereto belonging, and all and singular the lands and premises oc¬ 
cupied thereby or thereto belonging, or in any way appertaining, 
meaning and intending hereby not only to grant, demise and lease 
all the lands, leaseholds, premises and property, real, personal and 
mixed, of whatsoever kind and wheresoever situate, now belonging 
to the Chicago Company, but also all which may hereafter be in 
any manner whatever acquired by the Chicago Company for use or 
occupancy in connection with the railroads hereby demised or the 
business, maintenance or operation thereof; excepting and reserving 
however, from the operation of this lease such office rooms in the 
said Grand Central Passenger Station as may be necessary for the 
exclusive use of the Chicago Company, its successors or assigns, 
which rooms shall be selected and set apart from time to time by 
the parties hereto; provided , always , however, that nothing herein 
contained shall operate to grant or demise, or be construed to in¬ 
clude the franchise to be a corporation of the Chicago Company or 
the corporators thereof, said franchise to be a corporation being 
hereby expressly reserved and excepted from these presents. 


To have and to hold the said demised railroads, with their ap¬ 
purtenances, and the said premises, rights, liberties and franchises 
connected therewith, and all the other property hereinbefore de¬ 
mised unto the Wisconsin Companies jointly and severally, their 
successors and assigns, from the first day of April, A. D. one thou¬ 
sand eight hundred and ninety (1890), for and during and until the 
full end and term of ninety-nine (99) years next ensuing, and fully 
to be completed and ended, the Wisconsin Companies, their suc¬ 
cessors and assigns, yielding and paying therefor unto the Chicago 
Company, its successors or assigns, or upon its or their order, semi¬ 
annually in every year during the said term hereby granted, the 
rent hereinafter specified, and keeping and performing, all and sin- 




PART III. 


DEEDS, LEASES, ETC. 


57 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


gular, the covenants and agreements hereinafter set forth to be by 
the Wisconsin Companies kept and performed, but subject, never¬ 
theless, to the lien of the first mortgage hereinbefore mentioned, 
made by the Chicago Company to secure payment of the bonds 
therein mentioned and described, with interest thereon as aforesaid, 
and subject, also, to the lien of the outstanding bonds, if any, and 
mortgage heretofore executed by the Chicago and Great Western 
Railroad Company; and subject, also, to a certain mortgage to the 
City of Chicago, hereinafter described, for the sum of six hundred 
and fifty thousand dollars; and subject, also, to any and all out¬ 
standing' mortgages upon property hereafter acquired by the Chi¬ 
cago Company, which said mortgages may, with the consent of the 
Wisconsin Companies, be then left outstanding and undischarged; 
and subject, also, to all other mortgages upon the property here¬ 
after acquired by the Chicago Company which may be executed by 
and with the consent of the Wisconsin Companies. 


And these presents further witness that said railroads, with their 
appurtenances, and the said premises, rights, liberties, ordinances 
and franchises of the Chicago Company are granted and demised 
unto the Wisconsin Companies, their successors and assigns, upon 
the terms, conditions and agreements hereinafter mentioned and 
set forth. 

Article Two. The Wisconsin Companies shall pay to the Chi¬ 
cago Company an annual stated rental of three hundred and fifty 
thousand dollars ($350,000), in semi-annual installments of one 
hundred and seventy-five thousand dollars ($175,000) each, upon 
the first day of April, and the first day of October in each year (the 
first payment to be made on the first day of October, A. D. 1890), 
during the existence of this indenture of contract and lease, in 

o 

o’old coin of the United States of America of, or equal to the pres- 
ent standard of weight and fineness, and, in addition thereto, such 
sum or sums of money as shall, from time to time, be necessary and 
sufficient to pay: 

( a .) The interest on all the bonds of the Chicago Company se¬ 


cured by its said first mortgage that may be at the time outstanding. 




58 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


(b.) The interest upon the then outstanding bonds, if any, here¬ 
tofore executed by the Chicago and Great Western Railroad Com¬ 
pany. 

* 

(c.) The interest upon a certain mortgage to the City of Chi¬ 
cago, hereinafter described, for the sum of six hundred and fift^ 
thousand dollars. 

( d .) The interest upon the bonds and mortgages existing upon 
property hereafter acquired by the Chicago Company with the as¬ 
sent of the Wisconsin Companies, which bonds or mortgages may, 
with the assent of the Wisconsin Companies be left then outstand¬ 
ing and undischarged. 

( e .) The interest upon all bonds or mortgages hereafter issued 
or made, with the assent of the Wisconsin Companies, by the Chi¬ 
cago Company, upon any property now owned or hereafter ac¬ 
quired by it with the assent of the Wisconsin Companies. 

(/.) The interest upon all debentures or other obligations, if 
any, hereafter issued under the provisions of this indenture. 

(g.) The interest upon all and singular any bonds, debentures, 
or other obligations which shall be issued by the Chicago Company 
in lieu of or substitution for any of said bonds, debentures or mort¬ 
gages above described. 

( h .) All rentals, as they may accrue from time to time, upon 
property heretofore leased by the said Chicago and Great West¬ 
ern Railroad Company, or that may hereafter, with the assent of 
the Wisconsin Companies, be leased by the Chicago Company. 

(A) The expense of maintaining the organization of the Chi¬ 
cago Company, not exceeding the sum of twenty-five thousand 
dollars ($25,000) in any year. 

Provided, however, that such additional payments to meet said 
interest, rentals and organization expenses in each year shall only 
be made when the net earnings of the Chicago Company, as here¬ 
inafter defined, added to the three hundred and fifty thousand dol¬ 
lars annual stated rental as aforesaid, shall be insufficient for the 
payment of such interest, rentals and organization expenses, and 
then such additional payments by the Wisconsin Companies shall 




PART III. 


DEEDS, LEASES, ETC. 


59 


Lease, Ch. & North. Pac. II. R. Co. to Wis. Cent. Co. 


only be to such an amount as may be necessary to make up such 
deficit in interest, rentals and organization expenses; and, pro¬ 
vided further, that such additional payments shall he made by the 
'Wisconsin Companies subject to the provisions hereinafter con¬ 
tained, relating to the issue and sale of certain of the first mort- 
gage bonds of the Chicago Company to provide funds for the pay¬ 
ment of interest upon the outstanding bonds of the Chicago Com¬ 
pany so far as such interest cannot be paid from the stated rental 
and net earnings of the Chicago Company applicable thereto during 
the first three years of the existence of this indenture, and, provided 
further, that all payments herein covenanted to be made by the 
Wisconsin Companies to the Chicago Company, shall be made to 
the Chicago Company at its office in the City of New Pork. 

Article Three. The Wisconsin Companies shall, during the 
existence of this indenture, have the entire management and 
control of the operation of the railroad lines, terminal facilities 
and properties covered hereby, and of all surburban business, of 
the switching of cars, of the interchange of cars between rail¬ 
roads and between railroads and industries, and of all the business 
pertaining to a terminal and transfer railroad, and of all other 
business that can be done by means of or upon said demised prop¬ 
erty. 

The Wisconsin Companies shall also have the entire management 
and control of the renting of office room and other accommodations 
in the Grand Central Passenger Station, and other structures, 
which now are or may hereafter be erected upon the property 

hereby demised, as also of all elevators, warehouses, freight-houses, 

«- 

engine-houses, and other buildings and appurtenances, and also of 
all such lots and parcels of land hereby demised as the Wisconsin 
Companies shall not need for the transaction of their own business 

as common carriers. 

The Wisconsin Companies hereby covenant and agree in the 
transaction of all business covered hereby to use their best endeav¬ 
ors to so manage and transact the same as to realize the largest 
possible net income and to use their best endeavors to keep all prop- 






DEEDS, LEASES, ETC. 


PART III. 


(>0 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


erty, both real and personal, hereby demised, which they do not 
need for their own exclusive use as common carriers, rented to 
other railroad companies desiring’ to use said terminals, and to in¬ 
dividuals and other corporations, upon such terms as may be 

\ 

deemed best to promote the interest of the parties hereto, and to 
strictly comply with all obligations imposed upon the Chicago Com¬ 
pany by any law of the United States, or of the State of Illinois, 
or by any ordinance or ordinances heretofore or hereafter passed by 
the City of Chicago in that behalf; provided, however , that nothing 
in this indenture contained, except as hereinbefore stipulated, shall 
ever be construed to compel the Wisconsin Companies to lease 
the said terminal facilities, or any part thereof, to any other cor¬ 
poration which shall be in direct and substantial competition with 
the Wisconsin Companies and the Northern Pacific Pail road Com¬ 
pany, or either of them, for business to and from Chicago; and , 
provided farther , that if the Wisconsin Companies shall at any 
time occupy a room or rooms in any building upon the demised 
property, for purposes, not necessary or incident to the receiving 
and discharging of freight and passengers at said City of Chicago, 
as common carriers, they shall pay a reasonable rental therefor in 
addition to all other rentals herein provided. 

Article Four. “Net earnings ” whenever and wherever used 
in these presents, and at all times and for all purposes shall be as¬ 
certained as follows: 


I. 


The Chicago Company shall be credited with the gross rev¬ 
enue derived from facilities furnished to, or services performed for 
any and all persons or corporations other than the Wisconsin Com- 
panics or their assigns under this lease, and such revenue shall, 
among other things, include all moneys derived from rentals, 
switching, storage, warehouse and elevator charges and trackage, 
the running of surburban trains upon the lines covered hereby, and 


all sums received for the use of the property hereby demised, or 
any part or portion thereof, exclusive of the three hundred and fifty 




PART III. 


DEEDS, LEASES, ETC. 


(51 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 

thousand dollars stated rental as aforesaid, and for all licenses, 
special rights or privileges, in any manner relating to or connected 
with the same. 

II. 

The Chicago Company shall be charged with the following items : 

(a.) The cost of renting, maintaining and repairing equipment, 
buildings and tracks, if any, used exclusively in suburban business, 
and supplies furnished for and wages paid employees engaged ex¬ 
clusively therein, and all other costs and expenses wholly arising 
from said business upon the lines hereby demised, including all 
claims for damages resulting therefrom. 

(b.) The proportion of the general or joint expense of manag¬ 
ing, maintaining and operating the railway lines and appur¬ 
tenances hereby demised, properly chargeable to the suburban bus¬ 
iness, and to switching cars and interchange of cars betAveen rail¬ 
roads and betAveen railroads and industries from which the Chicago 
Company derives a revenue, Avhich proportion shall be determined 
upon a just and equitable Avheelage basis. 

(c.) A fair proportion of the general or joint expense of manag¬ 
ing, maintaining and operating the property hereby demised, ex¬ 
clusive of the railway lines and appurtenances, but including the 
general or joint expense of the Grand Central Passenger Station and 
round-houses, which proportion shall be ascertained by dividing 
such expense upon a just and equitable rule based upon the cars 
and engines in and out. 

( d .) A reasonable sum for heating, lighting, cleaning and other- 
Avise maintaining the rooms used for office, storage, warehouse or 
other similar purposes, from which the Chicago Company derives 
an independent revenue. 

(e.) A fair proportion of all other general or joint expenses, in¬ 
cluding taxes, insurance and other similar charges, Avhich shall be 
ascertained upon some just and equitable rule to be approved by 
the parties hereto. 

The balance remaining after deducting the charges aforesaid from 




02 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


the credits aforesaid shall constitute “net earnings” as the phrase 
“net earnings ” is used in this indenture. 

Article Five. The Wisconsin Companies shall keep, or cause 
to be kept, full, true and accurate accounts of the gross revenue 
and deductions to be made therefrom to ascertain the net earnings 
defined in article four hereof, and the Wisconsin Companies shall 
pay the said net earnings to the Chicago Company from time to 
time, and in such sum or sums as may be necessary to meet the 
payments of interest, rentals and organization expenses speci¬ 
fied in article two of this indenture. The Wisconsin Companies 
shall render monthly accounts to the Chicago Company within sixty 
days after the expiration of the month for which the account is 
stated, and within sixty days after the expiration of each calen¬ 
dar year shall render an annual statement, and shall thereupon pay 
over to the Chicago Company all net earnings remaining in their 
hands at the end of such calendar year; 'provided , however , that the 
Wisconsin Companies shall have the right at the end of each cal¬ 
endar year, before paying over such net earnings as last aforesaid, 
to reimburse themselves from any part of said net earnings not 
required for the payment of interest, rentals and organization ex¬ 
penses for such year, as provided in article two hereof, for excess of 
rental above the minimum sum of three hundred and fifty thousand 
dollars and other advances that they have in any and all previous 
years paid or made hereunder, together with simple interest at the 
rate of five per centum per annum upon the amount so paid. The 
Wisconsin Companies shall permit the Chicago Company, by its 
President, Treasurer, or such other person as may be appointed for 
that purpose by its Board of Directors, to inspect at any reasona¬ 
ble time the books, vouchers and other papers containing or relat¬ 
ing to the aforesaid accounts, and the Wisconsin Companies shall 
from time to time make out and furnish to or for the Chicago Com- 
pany, at its request any and all reports and statements, or the 
proper data therefor, which the Chicago Company is now or may 
hereafter be required to make or file under any law of the State of 
Illinois respecting the condition of the business, management or 




PART III 


DEEDS, LEASES, ETC. 


63 


Lease, Ch. & North. Pac. E. R. Co. to Wis. Cent, Co. 


operations of the railroad and property hereby demised, and per¬ 
mit the President, Treasurer, or such other person as may he ap¬ 
pointed for that purpose by the Board of Directors of the Chicago 
Company, to inspect the books of the Wisconsin Companies relat¬ 
ing to such terminal property, for the purposes of verifying all 
statements so made. 

Article Six. It is hereby mutually understood and agreed, 
anything in this indenture of contract and lease to the contrary 
notwithstanding, that the term of the lease and demise herein ex¬ 
pressed is at all times subject to and limited by the term of each, 
every and all leaseholds enjoyed by the Chicago Company, so far 
as they form part of the hereby demised property and no further, 
and that the parties hereto mean and intend that this indenture of 
contract and lease covers only the unexpired term of each, every 
and all such leaseholds vested in the Chicago Company; provided, 
however , that the Chicago Company shall co-operate with the Wis¬ 
consin Companies in every lawful way, for the purpose of securing 
a renewal or extension of each, every and all leasehold interests 
covered herebv, or intended so to be, for and during the then un- 
expired term of this indenture of contract and lease. 

Article Seven. The Wisconsin Companies hereby covenant and 
agree that thev and their successors and assigns shall and will at 
all times during’ the existence of this indenture of contract and 
lease, use to the exclusion of all other terminal lines the aforesaid 
terminal facilities hereby demised, for the transaction of all their 
terminal and transfer business in and about said City of Chicago, 
so far as said demised property can lie utilized for said purposes. 

Article Eight. The Wisconsin Companies shall and will, from 
time to time and when the same shall become due, pay and dis¬ 
charge all taxes, duties and assessments, of whatever nature, that 
may be levied, charged or assessed by the United States, State, 
county, city, town, municipal, or other legal authority, on the said 
demised property, or on the gross earnings of said railroads, or on 
the ordinances and franchises, or on any other property of the 
Chicago Company, subject to apportionment as hereinbefore pro- 









(34 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


vided, and also any and all sums of money which shall be required 
by any present or future laws to be deducted from the principal or 
interest of said bonds issued or to be issued under the mortgages 
or deeds of trust mentioned and provided for in this indenture, or 
under any of them. 

Article Nine. The Wisconsin Companies shall and will, dur¬ 
ing the term hereby created, operate said demised railroads in all 
respects as required by any and all laws of the State of Illinois 
pertaining thereto, and at all times furnish to the public all prac¬ 
ticable and reasonable facilities to the extent of the capacity of the 
tracks, sidings and stations, and shall and will at all times during 
said term keep, maintain and preserve said demised railroads, 
premises and appurtenances, and the additions, extensions and im¬ 
provements that may hereafter be made thereto, and all parts 
thereof, in good condition and repair; and as often as any part or 
portion of said demised railroads or their appurtenances shall, 
from any cause, be destroyed or otherwise become unfit for their 
proper uses and purposes, the Wisconsin Companies shall renew, 
replace or rebuild the same, which said renewed, replaced and re¬ 
built structures shall not be less in value than the original struct- 
ures, and shall at once become and lie the property of the Chicago 
Company, without claim thereto on the part of the Wisconsin 
Companies, except under the provisions of this indenture of con¬ 
tract and lease, as a portion of the demised premises and property. 

Article Ten. The Wisconsin Companies shall at all times dur¬ 
ing the existence of this indenture of contract and lease pay and 
discharge any and all costs, expenses and charges whatsoever of 
managing, maintaining and operating the property hereby demised, 
and any and all costs, expenses and charges of any and all kinds 
whatsoever arising out of, or in any manner appertaining to or con¬ 
nected with the management, maintenance or operation of said de¬ 
mised property, subject to apportionment as hereinbefore provided, 
and shall, if requested by the Chicago Company, assume the de¬ 
fense of, and shall defend, all suits and actions brought against the 
Chicago Company, in any manner growing, out of the management, 




PART III. 


DEEDS, LEASES, ETC. 


65 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 

maintenance or operation of said demised property, and shall pay 
all recoveries therein as well as all expenses and disbursements in¬ 
cident thereto, subject to apportionment as hereinbefore provided, 
and shall indemnify the Chicago Company against and save it 
harmless from all and singular all recoveries, expenses and dis¬ 
bursements aforesaid, in any manner arising from the enjoyment of 
said demised property for the exclusive benefit of the Wisconsin 
Companies. 

Article Eleven. The Wisconsin Companies shall and will, dur¬ 
ing the said term, keep the passenger station, freight-houses, 
round-houses, warehouses, elevators, and all other buildings and 
insurable property hereby demised, as also all rolling stock and 
equipment of the Chicago Company used in connection with the 
demised premises, fully insured against loss or damage by fire 
in good and responsible companies, subject to apportionment, as 
hereinbefore provided, and in the event of either loss or damage 
by fire, the Wisconsin Companies shall rebuild, repair or replace, 
as the ca§e may be, and in such renewing, repairing or replacing 
shall restore such buildings, rolling stock, equipment and property 
in such manner that they shall not be less in value than those so 
lost or damaged, and shall apply toward defraying all expenses so 
caused the insurance money which they may receive. 

Article Twelve. The Chicago Company hereby covenants and 
agrees, within a reasonable time after the date hereof, to complete, 
or cause to be completed, the Grand Central Passenger Station, at 
the junction of Fifth Avenue and Harrison Street, in said City of 
Chicago, and to build and construct from time to time such build¬ 
ings, warehouses, elevators, depots, stations, engine houses, tracks, 
bridges, viaducts and other permanent improvements and facili¬ 
ties as shall be necessary for the due and proper accommodation 
of the business to be transacted upon the terminal properties 
hereby demised; and the Chicago Company further covenants 
and agrees that it will from time to time, and at all times 
during the existence of this indenture of contract and lease, 

O 7 

at its own cost and charge, furnish and supply for use in the sub- 







DEEDS, LEASES, ETC. 


PART III. 


(16 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 

urban business upon said demised property any and all locomotives 
and cars which said suburban business and the increase thereof may 
require. 

Article Thirteen. The Chicago Company shall and will from 
time to time hereafter make, do, seal, execute, acknowledge and 
deliver, or cause to be made, done, sealed, executed, acknowledged 
and delivered, all and every such further acts, matters, things, 
contracts, agreements, leases and assurances in the law for better 
assuring and confirming unto the Wisconsin Companies all and 
singular the premises, estates, leaseholds and property hereby de¬ 
mised, or intended so to be, as shall be necessary, requisite or 
proper for better effectuating and carrying out the provisions, ob¬ 
jects and purposes of this indenture of contract and lease. 

Article Fourteen. It is mutually understood and agreed that 
the Chicago Company has made its bonds payable in gold coin of 
the United States of America of, or equal to, the present standard 
of weight and fineness, bearing interest at five per centum 
per annum, payable in like gold coin, to the amount of not ex¬ 
ceeding thirty millions of dollars, and has secured the payment of 
the same by mortgage or trust deed, bearing date the first day of 
April, A. D. 1890, upon the property of the Chicago Company 
therein particularly described, to The Farmers’ Loan and Trust 
Company, in the City of New York, as Trustee. Said bonds are 
dated the first day of April, 1890, and bear interest from their date, 
payable in said gold coin semi-annually; and certain of said bonds, 
or the proceeds thereof, shall be held, used or applied to the fol¬ 
lowing purposes, that is to say: 

1. There shall be reserved bonds, at their face value, amount¬ 
ing to the sum of six hundred and fifty thousand dollars, which 
shall, if necessary, be certified and used or sold for the pur¬ 
pose of paying the principal sum of a certain purchase money mort¬ 
gage to the City of Chicago, dated the twenty-first day of March, 
A. D. 1888, in the sum of six hundred and fifty thousand dollars, 
drawing interest at the rate of five per centum per annum, payable 
semi-annually on the first day of May and the first day of November 





PART III. 


DEEDS, LEASES, ETC. 


67 


Lease, Ch. & North. Pac. It. It, Co. to Wis. Cent. Co. 


in each year until paid, and the principal sum secured thereby ma¬ 
tures on the first day of May, A. 1). 1938: provided, hoivever, that 
if the Chicago Company shall at or before the maturity of said pur¬ 
chase money mortgage pay and discharge the same, or cause the 
same to he paid and discharged, then and thereupon said bonds 
may be certified and delivered to the Chicago Company. 

2. There shall be reserved bonds, at their face value, amount¬ 
ing to the sum of three hundred and ninety-nine thousand dollars, 
which may be certified and used or sold to pay and retire all now 
outstanding bonds issued by the Chicago and Great Western Rail¬ 
road Company, which are secured by its trust deed or mortgage 
bearing date the first day of May, xY. D. 1886: provided , hoivever, 
that if the Chicago Company shall, at or before the maturity of 
said Chicago and Great Western bonds, purchase or otherwise ac¬ 
quire the same or any part thereof, then and thereupon, from time 
to time, said bonds so reserved shall be certified and delivered, bond 
for bond, to the Chicago Company, as and when the said Chicago 


and Great Western bonds arc acquired and canceled. 

3. There shall be reserved bonds, at their face value, amounting 
to the sum of one million dollars, which shall be used or sold, if 
necessary, to provide funds for the payment of interest upon the 
outstanding first mortgage bonds of the Chicago Company so far 
as such interest cannot be paid from the rental and net earnings of 
the Chicago Company, applicable thereto, during the first three 
years of the existence of this indenture; and any balance of said 
bonds remaining may be used, sold or otherwise applied for and to 
such uses and purposes, as may be determined by the Boards of 
Directors of the Chicago Company and of the Wisconsin Com¬ 
panies, their assigns or lessees. 

4. The remainder of said thirty million dollars of bonds shall be 

only issued and used, in conformity with the pio\isions of the 

*niort or a°*e or trust deed securing the same, and in the constiuction 
& 1 , 

of buildings, power plants, machine and repair shops and their 
equipment, warehouses, elevators, depots, stations, engine houses, 
tracks, bridges, viaducts, culverts and other permanent improve- 




DEEDS, LEASES, ETC. 


IAVRT III. 


(58 


Leate, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


meats and facilities, terminal and otherwise, or in connection there¬ 
with, or in the acquisition of other lands, premises, railroad lines, 
buildings or properties which may he used in connection with and 
as part of the said terminal lines and facilities owned by the Chi¬ 
cago Company and herein demised, or in the acquisition or pur¬ 
chase of locomotive engines and cars for suburban business, or of 
rolling stock and equipment for terminal business, or for such 
other purposes as may be allowed by said trust deed or mortgage 
securing the said bonds; provided, however , that none of the pro¬ 
ceeds of said bonds shall be used in acquiring property or in mak¬ 
ing improvements upon property, upon which the said mortgage 
shall not become or is not a first lien, except as aforesaid. 

Article Fifteen. If the Chicago Company, or the Wisconsin 
Companies as lessees, their or either of their successors or assigns, 
shall be compelled to construct, in whole or in part, any viaduct or 
viaducts over the railway property of the Chicago Company hereby 
demised, or any part thereof, by State or municipal authority, 
legal proceedings, or otherwise, and the Chicago Company shall 
have no funds with which to pay for the same, and no other way 
shall be agreed upon by the parties hereto for furnishing funds 
wherewith to pay the expenses of constructing said viaducts and 
the damages incident thereto, then and in such case, the Chicago 
Company shall make, execute and use, in such amounts as shall 
from time to time he necessary for the purposes aforesaid, the 
negotiable promissory notes of the Chicago Company, to be known 
as its debentures, payable twenty years from the date of their re¬ 
spective issues, and bearing interest at the rate of five per centum 
per annum, payable semi-annually on the first day of April and 
October in each year, at the office of the Chicago Company in the 
City of New York, and hearing coupons for said interest attached 


to each debenture. 

Article Sixteen. If the parties hereto shall mutually agree 
upon the acquisition of additional properties or facilities for the 
purpose of increasing the value of said demised property and its 
earning capacity, and the Chicago Company shall have no funds 





PART IIr. 


DEEDS, LEASES, ETC. 


69 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


with which to acquire the same, then and in such case the Chicago 
Company shall make and execute its bonds, debentures or other 
obligations, in such amounts, hearing such rates of interest and 
payable at such times and places, and secured as may he jointly 
agreed upon by the parties hereto, and the Chicago Company shall 
use such bonds, debentures or other obligations, or the proceeds 
thereof, for the purposes aforesaid in such manner as shall be 
jointly agreed upon by the parties hereto, and the Wisconsin Com¬ 
panies shall protect or guarantee the payment of the interest as it 
may accrue upon any and all bonds, debentures and other obliga¬ 
tions issued as aforesaid, to the same extent as they are obligated 
to do in respect to the interest on the first mortgage bonds of the 
Chicago Company, issued as above described. 

Article Seventeen. When the said issue of thirty million 
dollars of bonds hereinbefore described; or bonds outstanding 
upon additional lines of railway or properties which may hereafter 
be purchased by the Chicago Company, with the assent of the Wis¬ 
consin Companies, and become a part of said demised property; or 
bonds constituting a new issue, secured by mortgage upon such ad¬ 
ditional lines of railway or properties so acquired; or, both said 
bonds outstanding and new ones issued on said additional lines of 
railway or properties so acquired; or bonds, debentures or other 
obligations issued under this indenture; or any of them, may ma- 

o 

ture, the Chicago Company shall, on demand of the T\ isconsin 
Companies, make new mortgage bonds, running for a period of not 
less than the balance of the term hereby created on the same prop¬ 
erty, or such part thereof as the Chicago Company shall then hold, 
in such amounts and bearing such rates of interest as may be ne¬ 
cessary to provide by exchange, sale, or otherwise for said matur- 
insf obligations. 

O 

Article Eighteen. In the event of the failure or omission of 
the Chicago Company to execute and deliver new or renewal bonds, 
secured by deed of trust or mortgage to a trustee or trustees, 
upon request as hereinbefore specified, the A\ isconsin Companies 
shall have the right to purchase and acquire, for their own use and 




70 


DEEDS, LEASES, ETC. 


PART III. 


Leaee, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


benefit, any or all of such outstanding, unpaid and matured bonds 
and debentures, and said bonds and debentures, so purchased and 
acquired, shall draw interest at the rate of eight per centum per 
annum, and be and remain in the hands of the Wisconsin Com¬ 
panies in full force, validity and effect, secured by a lien upon said 
demised railroad, premises, appurtenances and franchises, in the 
same manner and with like effect to all intents and purposes as if 
the same were held and owned by the original or any other bona 
fide holder and owner thereof, subject to the right in the Chicago 
Company to pay the principal and accrued interest upon any inter¬ 


est day. 

\J 

Article Nineteen. The Chicago Company shall not and will 
not, without the assent of the Wisconsin Companies, purchase, lease, 

or otherwise acquire, unless herein directly authorized, any prop- 

/ 

erty, real, personal or mixed, or of any nature whatsoever, and 
shall not and will not make, execute or deliver any deed of trust, 
mortgage, bond or other specialty to encumber or become a lien 
upon the said demised railroad, premises, franchises and appurte¬ 
nances, or issue or make any debentures or other obligations, ex¬ 
cept such as may have been heretofore made, such as are in this 
indenture permitted, or such as shall be expressly assented to by 
the Wisconsin Companies. 

Article Twenty. This indenture of contract and lease is made 
subject to a certain now outstanding lease executed and delivered 
by the Chicago and Great Western Railroad Company to the Min¬ 
nesota and Northwestern Railroad Company, now known as the 
Chicago, St. Paul and Kansas City Railroad Company, dated the 
24th day of June, A. D. 1887, which said lease is hereby assigned 
by the Chicago Company to the Wisconsin Companies, and the 
Wisconsin Companies hereby covenant and agree to, and do hereby 
assume all the obligations of the Chicago Company and of the 
Chicago and Great Western Railroad Company under said lease. 

Article Twenty-one. The Chicago Company shall and will main¬ 
tain and renew, during the term hereby demised, its corporate 
existence and organization so long as permitted by law, and shall 




PART III 


71 


DEEDS, LEASES, ETC. 


Lease, Ch. & North. Pac. II. R. Co. to AVis. Cent. Co. 


and will from time to time and at all times take tlie necessary steps 
to perpetuate and renew its charter, and at all times and from 
time to time during the said term, when requested by the Wiscon¬ 
sin Companies, put in force and exercise each and every corporate 
act, which the Chicago Company might now or may at any time 
hereafter lawfully put in force or exercise, to enable the Wisconsin 
Companies to enjoy and avail themselves of and exercise every 
right, franchise and privilege hereby granted, and to properly 
manage and operate the demised premises according to the terms 
of this indenture of contract and lease, and shall not and will not 
commit or omit, or suffer or allow to be committed or omitted any 
act whereby its corporate existence and powers may be annulled, 
abridged or affected. 

O 

Article Twenty-two. If the Wisconsin Companies shall at 
any time or times hereafter, during the term aforesaid, fail or omit 
to pay the rent herein reserved, or any part of such rent, when 
the same shall become payable as hereinbefore specified, or if the 
Wisconsin Companies shall fail or omit to keep and perform their 
covenants and agreements herein contained, or any of them, and 
shall continue in default in respect to the performance of such cov¬ 
enants or agreements for a period of ninety days, then and in 
either and every such case it shall be lawful for the Chicago Com- 
pany, at its option, to enter into and upon the said demised rail¬ 
road, premises and appurtenances, and every part thereof, and re¬ 
move all persons therefrom without let or hindrance by the Wis¬ 
consin Companies, and thenceforth the said demised railroad, ter¬ 
minal facilities, premises, properties, appurtenances, and all addi¬ 
tions and improvements which shall have been made to the same, 
to have, hold, possess and enjoy as of the first or former estate of 
the Chicago Company in the said demised property, with the right 
to collect all rentals under any and all other then existing leases 
or sub-leases of the property hereby demised, or may take such 
other and further action for the enforcement of the provisions of 
this indenture, as to it may seem advisable; provided, however, 
that by such re-entry the Chicago Company shall not impair its 










PART Iir. 


72 


DEEDS, LEASES, ETC. 


Lease, Cli. & North. Pac. R. R. Co. to Wis. Cent. Co. 


right of action for the recovery of any and all damages on account 
of the non-payment of rent or the non-performance or breach of 
the terms or covenants of this indenture; but, in case of re-entry 
as aforesaid, the rent reserved herein and the several installments 
thereof, shall be apportioned from the time or times of the last 
preceding payment of such installments down to the time of such 
re-entry, and such portion thereof as would have been payable in 
respect to the intervening time, if the whole period in respect to 
which such installments were payable had elapsed, shall be deemed 
and taken to be due and payable, and the same shall be paid by 
the Wisconsin Companies, their successors or assigns. 

Article Twenty-three. The Wisconsin Companies covenant, 
promise and agree to and with the Chicago Company, that at the 
end of the said term or sooner termination of this lease, the Wis¬ 
consin Companies shall deliver and surrender to the Chicago Com¬ 
pany the said demised railroad, premises and appurtenances in at 
least as good order and condition as the same shall be delivered to 
the Wisconsin Companies under this indenture, and with all such 
additions, betterments and improvements as shall have been made 
thereto; provided, however, that the stations, depots, elevators, 
warehouses, buildings, and similar structures, shall be subject to 
reasonable wear and tear. 

Article Twenty-four. The Chicago Company hereby covenants 
and agrees to and with the Wisconsin Companies, that the Wiscon¬ 
sin Companies, on paying the rental herein reserved, and perform¬ 
ing and fulfilling all and singular the covenants and agreements 
herein contained on their part to be performed and fulfilled, shall 
and may peaceably and quietly have, hold and enjoy the said de¬ 
mised railroad, premises, appurtenances and franchises, for and 
during the term aforesaid, without any let, interruption, hindrance 
or molestation on the part of the Chicago Company or any other 
person or persons, corporation or corporations whatever, claiming* 
or to claim by, from, through or under it. 

Article Twenty-five. If any question shall at any time arise 
touching the construction of this indenture of contract and lease, 





PAUT III. 


DEEDS, LEASES, ETC. 


73 


Lease, Ch. & North. Pac. R. R. Co. to AVis. Cent. Co. 


or any part thereof, or the manner of conducting the business to be 
carried on under the provisions thereof, or concerning any alleged 
misfeasance, non-feasance or malfeasance, or concerning the proper 
observance or performance of any of the conditions, stipulations or 
agreements herein contained, or touching any other matter in the 
premises upon which the parties hereto do not agree, then the 
same shall lie stated in writing by the party aggrieved, and shall 
be submitted to the arbitrament of three disinterested and compe¬ 
tent persons familiar with such business and experienced in railway 
affairs, who shall be jointly selected by the parties hereto; and in 
case the parties hereto fail to agree upon such joint selection within 
twenty days after written request for such arbitration, then said ar¬ 
bitrators may, upon application made by either party, after twenty 
days written notice thereof to the other party, be appointed by any 
judge of the Circuit Court of the United States for the Northern 
District of Illinois; and it is mutually agreed that the written 
awards made from time to time by such arbitrators or a majority of 
them, after due and reasonable notice to, and full hearing of both 
parties and their witnesses, shall have all the legal effect of an 
award made under rule of Court in such United States Circuit 
Court, so far as the same is legally possible. 

The said arbitrators shall as soon as possible after their selection 
meet at some place convenient for the parties hereto, and after giv- 
ino* to each party reasonable notice of the time and place of such 
meeting, and after hearing both parties in regard to the mattei in 
dispute, and taking such other testimony or making such exami¬ 
nations and investigations as justice shall require and said arbitra¬ 
tors may deem necessary, shall hear and decide all questions so sub¬ 
mitted to them. They shall make in writing their award upon the 
question or questions submitted to them, and shall sei\e a eop^ 
thereof upon each party hereto, and the award of said arbitrators 
or of a majority of them shall be final and binding upon said par¬ 
ties so far as is legally possible, and each or either party shall imme¬ 
diately thereupon conform to, and in all respects render prompt and 
full compliance with such award, and shall make such changes in 




74 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


the management and conduct of its business, and make such pay¬ 
ments or restitutions as in and by such award are required of it to 
be made. 

But it is expressly agreed that no controversy which shall arise 
under this indenture of contract and lease shall be allowed to in¬ 
terfere with the operation of this indenture pending such arbitra¬ 
tion or arbitrations, and also that until said arbitrators shall make 
their award upon the question or questions submitted to them, all 
business and settlements and payments, which are to be transacted 
or made under the terms of this indenture, shall continue pending 
the arbitration to be transacted and made in the manner and form 
existing prior to the arising of such question or questions, and as if 
no such controversy had arisen. 

Article Twenty-six. It is expressly declared and agreed by 
and between the parties hereto that all of the preceding covenants, 
agreements and stipulations shall be binding upon and enure to the 
benefit of the parties hereto respectively, and to their respective 
successors and assigns; and that all the property, rights, privi¬ 
leges and franchises hereby demised may lie exercised and enjoyed 
by the Wisconsin Companies, their successors, assigns and lessees, 
provided that such successors, assigns and lessees shall assume and 
perform all the promises, agreements and obligations imposed in 
this indenture upon the Wisconsin Companies; and that the Chi¬ 
cago Company shall assign to the Farmers’ Loan and Trust Com- 
pany, in the City of New York, this indenture of contract and 
lease, and all the rights, benefits, covenants and privileges secured 

to it hereby, to the extent that this indenture covers the railways, 

«/ * 

rights and property conveyed by the said mortgage or deed of 
trust, executed, as aforesaid, by the Chicago Company to the said 
Farmers’ Loan and Trust Company as Trustee, and no further; 
such assignment to be made to the said Farmers’ Loan and Trust 
Company, upon the trusts, terms and conditions set forth in the 
said mortgage or deed of trust, as additional security for the first 
mortgage bonds of the Chicago Company, to be issued thereunder. 

Article Iuent\-seven. It is expressly declared and agreed by 




PART III. 


DEEDS, LEASES, ETC. 


i D 


Lease, Ch. & North. Pac. R. It. Co. to Wis. Cent. Co. 


and between the parties thereto, that the marginal notes to and 
upon this indenture are for convenience only, and shall not affect 
the interpretation of the text.* 

In W itness Whereof, the parties hereto have caused these 
presents to be signed by their respective Presidents, their respect¬ 
ive corporate seals to be hereto affixed, and attested by their re¬ 
spective Secretaries, in duplicate originals, the day and year first 
hereinbefore written. 

Chicago and Northern Pacific Railroad Company, 

By Henry S. Hawley, 

President. 

Attest: 

Henry S. Boutell, 

Secretary. 

Wisconsin Central Company, 

By Edwin II. Abbot, 

President. 

Attest: 

Gardner Colby, 

Acting Secretary. 


Wisconsin Central 
[Corporate Seal.] 
Company. 


Chicago and 
Northern Pacific 
[Corporate Seal.] 
Railroad Company. 


Wisconsin Central Railroad Company, 

By Edwin H. Abbot, 

-;———-—:— President. 

Wisconsin Central 
[Corporate Seal.] 

Railroad Company. Attest: 

Wm. H. Sterling, 

Acting Secretary. 


* All marginal notes on recorded instruments are purposely omitted in this com¬ 
pilation. 


















DEEDS, LEASES, ETC. 


part hi. 


76 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 

Sealed and delivered in the presence of 

D. S. Wegg, 

Kemper K. Knapp, 

As to the Chicago and Northern 
Pacific Railroad Company , and 

C. W. Wetmore, 

A. S. Thayer, 

As to the Wisconsin Central Com¬ 
pany and the Wisconsin Central 
Railroad Company. 


State of Illinois, 
Cook County. 


ss. 


I, Kemper K. Knapp, a Notary Public in and for Cook County, 
in the State of Illinois, do hereby certify that Henry S. Hawley 
and Henry S. Boutell, personally known to me to be the President 
and Secretary of the Chicago and Northern Pacific Railroad Com- 
pany, appeared before me this day in person and acknowledged 
that they executed the foregoing instrument for and on behalf of 
said Chicago and Northern Pacific Railroad Company, as the free 
and voluntary act of said Railroad Company for the uses and pur¬ 
poses therein set forth. 

Given under my hand and notarial seal this 22d day of April, 
A. D. 1890. 

Kemper K. Knapp, 

Kemper K. Knapp, A Tnfnm PnlJb- 

[Notarial Seal.] JSotary -Public, 

Cook Co., Ills. 


State of New York, 

City and County of New York. 


ss. 


I, L. R. Kidder, a Notary Public in and for the City and County 
of New York, in the State of New York, do hereby certify that 
Edwin H. Abbot and Gardner Colby, personally known to me to 
be the President and Acting Secretary, respectively, of the Wis- 






PART III. 


DEEDS, LEASES, ETC. 


77 


Lease, Ch. & North. Pac. R. R. Co. to Wis. Cent. Co. 


cousin Central Company, appeared before me this day in person 
and acknowledged that they exeented the foregoing instrument for 


and on behalf of the said Wisconsin Central Company, as the 
free and voluntary act of said company, for the uses and purposes 
therein set forth. 

Given under my hand and notarial seal this 15th day of May, 


A. D. 1890. 


L. R. Kidder, 
[Notary Public.] 
New York County. 


L. R. Kidder, 

Notary Public, 
New York County and State. 


State of New York, 

City and County of New York. 


ss. 


I. L. R. Kidder, a Notary Public in and for the City and County 
of New York, in the State of New York, do hereby certify that 
Edwin H. Abbot and William II. Sterling, personally known to 
me to be the President and Acting Secretary, respectively, of the 
Wisconsin Central Railroad Company, appeared before me this 
day in person and acknowledged that they executed the foregoing 
instrument for and on behalf of the said \\ isconsin Central Rail¬ 
road Company, as the free and voluntary act of said company, for 
the uses and purposes therein set forth. 


Given under my hand and notarial seal this 15th day of 
A. D. 1890. 



L. R. Kidder, 
[Notary Public.] 
New York County. 


L. R. Kidder, 

Notary Public , 

New York County and State. 


Recorded in the office of the Secretary of State of Wisconsin 
May 29th, 1890. 






78 


DEEDS, LEASES, ETC. 


PART III. 


LEASE. 


Wisconsin Central Company and Wisconsin Central Railroad 

Company 

to 

Northern Pacific Railroad Company. 


This Indenture of Contract and Lease, Made the first day of 
April, A. D. one thousand eight hundred and ninety (1890), by and 
between the Wisconsin Central Company, a corporation created, 
organized and existing under and by virtue of the laws of the 
States of Wisconsin and Minnesota, and the Wisconsin Central 
Railroad Company, a corporation created, organized and existing 
under and by virtue of the laws of the State of Wisconsin, jointly 
and severally hereinafter called the Wisconsin Companies, parties 
of the first part; and the Northern Pacific Railroad Company, a 
corporation created, organized and existing under and by virtue of 
the laws of the United States of America, hereinafter called the 
Northern Company, party of the second part. 

Whereas, The Chicago and Wisconsin Railroad Company is a 
corporation created, organized and existing under and by virtue of 
the laws of the State of Illinois, and heretofore constructed a line 
of railway extending from a point of junction with the tracks of 
the Chicago and Great Western,. Railroad Company, now owned 
by the Chicago and Northern Pacific Railroad Company, a corpo¬ 
ration created, organized and existing under and by virtue of the 
laws of the State of Illinois, at the west line of Section Sixteen 
(16), Township Thirty-nine (39) North, Range Thirteen (13), in 
the Town of Cicero, County of Cook and State of Illinois, in a 
general westerly and northerly direction through the Town of 
Proviso and the Village of River Forest, by way of River Park 
and Des Plaines, to a point of junction with the railroad of the 
Chicago, Wisconsin and Minnesota Railroad Company upon the 
northern boundary line of the State of Illinois, and, heretofore, 
to wit: on or about the first day of September, A. 1). 1885, duly 




PART III. 


DEEDS, LEASES, ETC. 


79 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

made, executed and delivered to the said Chicago, Wisconsin and 
Minnesota Railroad Company, and said last named company ac¬ 
cepted a lease of the Chicago and Wisconsin Railroad for the term 
of nine hundred and ninety-nine (999) years, and for the longest 
term allowed by law and not exceeding said term, which said 
lease was thereafter recorded and now appears of record, reference 
whereto is hereby made; and 

Whereas, That portion of said Chicago and Wisconsin Railroad 
Avhich lies between the intersection thereof by the north line of 
Section Thirteen (13), in Township Thirty-nine (39) north, Range 
Twelve (12), in the Town of Proviso, in the County of Cook and 
State of Illinois, at the -centre line of Madison street, so-called, 
and said west line of Section Sixteen (16) aforesaid, was con¬ 
structed in whole or in part upon lands owned and acquired by the 
Chicago and Great Western Railroad Company, and said last 
named company, by deed dated the sixteenth day of August, A. 
D. 1886, conveyed the same to said Chicago and Wisconsin Rail¬ 
road Company, and, on said day, acquired from the owners of, 
and persons interested in the railway so conveyed by it to the Chi¬ 
cago and Wisconsin Railroad Company, a lease thereof for the 
term of nine hundred and ninety-nine (999) years, and for the 
longest term allowed by law, not exceeding said term, reserving 
free trackage during said term, reference whereto is hereby made; 
and 

Whereas, The Chicago, Wisconsin and Minnesota Railroad 
Company is a corporation created, organized and existing under 
and by virtue of the laws of the State of Wisconsin, and is the 
owner of a line of railway extending from a point of junction 
with the said Chicago and Wisconsin Railroad upon the southern 
boundary line of the State of Wisconsin, in a general northerly 
direction by way of Burlington and Waukesha, to a point of junction 
with the Milwaukee and Lake Winnebago Railroad, so-called, at 
Schleisingerville, in the County of Washington and State of Wis¬ 
consin, and heretofore leased the said Chicago and Wisconsin Rail¬ 
road for the aforesaid term of nine hundred and ninety-nine (999) 




80 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pae. P. P. Co. 

years, and by instrument dated the hrst day of September, A. D. 
1885, duly demised and leased unto the Wisconsin and Minnesota 
Railroad Company, a corporation created and organized under the 
laws of the State of Wisconsin, for the term of ninety-nine (99) 
years, the line of railway owned and leased by it, extending from 
said Schleisingerville to the west line of Section Sixteen (16) in 
the Town of Cicero aforesaid, and certain terms and provisions of 
said lease last above mentioned were thereafter modified by a cer¬ 
tain agreement between said Chicago, Wisconsin and Minnesota 
Railroad Company and said Wisconsin and Minnesota Railroad 
Company and Messrs. John A. Stewart and Edwin TI. Abbot, 
Trustees under the mort«*a£fe of said Chicago, Wisconsin and Min- 
nesota Railroad Company, and dated the twenty-sixth day of July, 
A. D. 1886, reference to which said lease and modifying agree¬ 
ment, last mentioned, is hereby made, and said modified lease is 
now in full force and effect; and 

Whereas, Said modified lease of the Chicago, Wisconsin and 
Minnesota Railroad was assigned to, and assumed by, the Wis¬ 
consin Central Company under and by virtue of a certain agree¬ 
ment between all parties in interest, dated the thirty-first day of 
May, A. D. 1888, reference whereto is hereby made, and the Wis¬ 
consin Central Company is now in possession of and operating the 
Chicago, Wisconsin and Minnesota Railroad, and the Chicago and 
Wisconsin Railroad to a connection with the tracks of the* said Chi¬ 
cago and Northern Pacific Railroad Company under and by virtue 
thereof; and 

W hereas, The Milwaukee and Lake Winnebago Railroad Com¬ 
pany is a corporation created, organized and existing under and 
by virtue of the laws of the State of Wisconsin, and heretofore con¬ 
structed a line of railway extending from Schleisingerville, so- 
called, in the County of Washington and State of Wisconsin, by 
way of the Cities of Fond du Lac and Oshkosh, to a junction with 
the main line of the Wisconsin Central Railroad in Little Lake 
Buttes des Morts, at Neenah, so-called, in the County of Winne¬ 
bago and State of Wisconsin, and heretofore leased its line of rail- 




PART III. 


DEEDS, LEASES, ETC. 


81 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

way to the Wisconsin Central Railroad Company, for the term of 
ninety-nine (99) years, by an instrument dated the twenty-seventh 
day of March, A. D. 1882, reference whereto is hereby made, and 
the Wisconsin Central Railroad Company is now in possession of 
and operating the Milwaukee and Lake Winnebago Railroad under 
and by virtue of said lease; and 

Whereas, The Wisconsin Central Railroad Company has here¬ 
tofore constructed and now operates a line of railway extending 
from the City of Menasha, in the County of Winnebago and State 
of Wisconsin, thence by way of Neenah and Waupaca, in a general 
northwesterly direction, to the City of Stevens Point, in the 
County of Portage, and thence in a northwesterly direction, by 
way of Marshfield to Spencer; and thence in a northerly direction 
by way of Abbotsford, Phillips and Mellen, to the City of Ashland 
upon Lake Superior to a connection with the tracks of the Northern 
Pacific Railroad Company; and also a branch extending in a southerly 
direction from said City of Stevens Point to the City of Portage, 
in the County of Columbia and State of Wisconsin, and also sundry 
spurs now used in connection with said main lines of railway; 
and 

Whereas, The Packwaukee and Montello Railroad Company is a 
corporation created, organized and existing under and by virtue of 
the laws of the State of Wisconsin, and heretofore constructed a 
line of railway extending from a point of junction with the main 
line of the Wisconsin Central Railroad at Packwaukee, so-called, 
in the County of Marquette, along the shores of Buffalo Lake, so- 
called, to Montello in said County of Marquette, and by indenture 
of lease dated the first day of November, A. D. 1889, leased its said 
line of railway to said Wisconsin Central Railroad Company for the 
term of ninety-nine (99) years, reference to which lease is hereby 
made, and the Wisconsin Central Railroad Company is now in pos¬ 
session of and operating said Packwaukee and Montello Railroad 
under and by virtue of said lease; and 

Whereas, The Wisconsin and Minnesota Railroad Company 
heretofore constructed a line of railway extending from Abbotsford, 






82 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


so-called, upon the main line of the Wisconsin Central Railroad in 
a general westerly direction to the City of Chippewa Falls, in the 
County of Chippewa, and State of Wisconsin, and heretofore con¬ 
veyed its said railway to the Wisconsin Central Company by deed 
dated the thirty-first day of May, A. D. 1888, reference whereto is 
hereby made, and said railroad is now owned by the Wisconsin 
Central Company; and 

Whereas, The St. Croix and Chippewa Falls Railroad Company, 
a corporation created and organized under and by virtue of the laws of 
the State of Wisconsin, heretofore constructed a line of railway ex¬ 
tending from said City of Chippewa Falls through the Counties of 
Chippewa, Dunn and St. Croix, to a junction with the St. Paul and 
St. Croix Railroad on the western boundary line of the State of 
Wisconsin; and 

Whereas, The St. Paul and St. Croix Railroad, a corporation 
created and organized under and by virtue of the laws of the State 
of Minnesota, heretofore constructed a line of railway extending 
from a point of junction with the St. Paul and Duluth Railroad in 
Section Fifteen (15), Township Twenty-nine (29) North, Range 
Twenty-two (22) West, in the County of Ramsey and State of 
Minnesota; thence in an easterly direction through the Counties of 
Ramsey and Washington, in the State of Minnesota, to a point of 
junction with the St. Croix and Chippewa Falls Railroad, on the 
eastern boundary line of the State of Minnesota; and 

Whereas, Said St. Croix and Chippewa Falls Railroad Company 
and said St. Paul and St. Croix Railroad Company thereafter be¬ 
came consolidated under the laws of the States of Wisconsin and 
Minnesota into the Minnesota, St. Croix and Wisconsin Railroad 
Company, under and by virtue of certain articles of consolidation 
dated the twenty-eighth day of June, A. D. 1884, and duly filed 
and recorded in the offices of the Secretaries of State of said States 
of Wisconsin and Minnesota respectively, reference to which said 
articles of consolidation is hereby made; and 

Whereas, The Chippewa Falls and Western Railway Company, 
a corporation created and organized under and by virtue of the 








PART III. 


DEEDS, LEASES, ETC. 


83 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


laws of the State of Wisconsin, heretofore constructed aline of rail¬ 
way from the City of Eau Claire to, into and through the City of 
Chippewa Falls, to a connection upon the southwesterly side of the 
Chippewa River, so-called, with the Wisconsin and Minnesota 
Railroad in Government Lot Three (3), in Section Five (5), Town¬ 
ship Twenty-eight (28) North, Range Eight (8) West in the County 
of Chippewa and State of Wisconsin, and the railroad of the Chi¬ 
cago, Milwaukee and St. Paul Railway Company connects with said 
Chippewa Falls and Western Railway at Central Junction, so-called, 
in Government Lot Eight (8), in Section Twelve (12), Township 
Twenty-eight (28) North, Range Nine (9) west, in said County of 
Chippewa; and the said Chicago, Milwaukee and St. Paul Railway 
Company acquired from said Chippewa Falls and Western Railway 
Company an equal undivided one-half of all that portion of said 
Chippewa Falls and Western Railway which lies between said junc¬ 
tion made therewith by said Chicago, Milwaukee and St. Paul Rail¬ 
way last above described and a point of junction in Government 
Lot Five (5), Section Five (5), Township Twenty-eight (28) North, 
Range Eight (8), West, made therewith by a certain track con¬ 
necting with said Chippewa Falls and Western Extension, so called, 
and extending in a northeasterly direction along the northerly 
bank of the Chippewa River to the piling ground of the Chippewa 
Lumber and Boom Company, and the Wisconsin Central Company 
now owns through mesne conveyances said Chippewa Falls and 
Western Railway, and is in possession of and operating the same; 
and 

Whereas, The St. Paul and St. Croix Falls Railway Company, 
a corporation created and organized under the laws of the State of 
Minnesota, heretofore constructed a line of railway extending from 
a point of junction with the Minnesota, St. Croix and Wisconsin 
Railroad, in Section Fifteen (15), Township Twenty-nine (29) 
North, Range Twenty-two (22) West, in the County of Ramsey 
and State of Minnesota; thence in a general westerly and south¬ 
westerly direction, to a point of junction with the tracks of the St. 
Paul and Northern Pacific Railroad Company, so-called, in Section 








DEEDS, LEASES, ETC. 


PART III. 


84 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


Nineteen (19), Township Twenty-nine (29) North, Range Twenty- 
two (22) West, in said County of Ramsey and State of Minnesota, 
known as Trout Brook Junction, and thereafter conveyed to said 
Minnesota, St. Croix and Wisconsin Railroad Company all its rail¬ 
way and property of whatsoever nature; and 

Whereas, The Minnesota, St. Croix and Wisconsin Railroad 
Company heretofore conveyed to the Wisconsin Central Company 
all that portion of its railway which lies within the State of Wis¬ 
consin, by deed dated the thirty-first day of May, A. D. 1888, 
reference whereto is hereby made, and the Wisconsin Central Com¬ 
pany entered into possession of said railroad under said deed; and 
Whereas, The said Wisconsin Central Company and said Min¬ 
nesota, St. Croix and Wisconsin Railroad Company became con¬ 
solidated under the laws of the States of Wisconsin and Minnesota 
by articles of consolidation dated the thirty-first day of May, 1888, 
and dul} r recorded and filed in the offices of the Secretaries of State 
of said States respectively, reference whereto is hereby made, and 
said Wisconsin Central Company thereupon entered upon all the 
property of the constituent corporations, and is now operating and 
in possession thereof; and thereby owns and operates a continuous 
line of railroad from a junction at Abbotsford with the railroad of 
the Wisconsin Central Railroad Company to a junction at Trout 
Brook Junction with the railroad of the St. Paul and Northern Pa¬ 
cific Railroad Company, which last named railroad is leased, con¬ 
trolled and operated by the Northern Pacific Railroad Company; 
and 


Whereas, The Penokee Railroad Company, a corporation created 
and organized under the laws of the State of Wisconsin, heretofore 
constructed a line of railway from a point of junction with the 
Wisconsin Central Railroad at Mellen, so-called, in Section Six (6), 
Township Forty-five (45) North, Range Two (2) West, in the 
County of Ashland; thence along the Penokee Range to a point of 
junction with the Gogebic and Montreal River Railroad on the 
northeastern boundary line of the State of Wisconsin, at Hurley, 
and sundry spurs and branches to mines upon said Penokee Range, 






PART III. 


85 


DEEDS, LEASES, ETC. 

Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

and is also the owner of extensive ore docks and yards, tracks and 
other structures appurtenant thereto, at the City of Ashland, upon 
Lake Superior; and 

Whereas, The Gogebic and Montreal River Railroad Company, 
a corporation under the laws of the State of Michigan, heretofore 
constructed a line of railway extending from a point of junction 
with the Penokee Railroad, so-called, on the northeastern boundary 
line of the State of Wisconsin; thence in a general easterly direc¬ 
tion along the Gogebic Range to Bessemer, together with sundry 
spurs and branches thereof extending to the iron mines upon said 
range, and heretofore, to wit: on the first day of September, A. 
D. 1886, executed and delivered to the Penokee Railroad Company, 
and said Penokee Railroad Company accepted a lease of its line of 
railway for the term of nine hundred and ninety-nine (999) years, 
reference whereto is hereby made; and 

Whereas, Said Penokee Railroad Company heretofore conveyed 
to the Wisconsin Central Company all its railroad, and assigned 
its rights and interests under said lease of the Gogebic and Mon¬ 
treal River Railroad, by instrument dated the thirty-first day of 
May, A. D. 1888, reference whereto is hereby made, and the Wis¬ 
consin Central Company thereupon entered upon said Penokee 
Railroad and said Gogebic and Montreal River Railroad, and is 
now in possession of and operating the same; and 

Whereas, The Wisconsin Central Railroad Company and divers 
other corporations in common interest entered into certain articles 
of agreement with the Chicago, Milwaukee and St. Paul Railway 
Company, bearing date the twenty-fourth day of July, A. D. 1886, 
whereunder and whereby, amongst other things, said last named 
company granted unto the Wisconsin Central Railroad Company 
and its associates in said agreement, trackage rights upon the Chi¬ 
cago, Milwaukee and St. Paul Railway between Rugby Junction, 
so-called, upon the main line of the Chicago, Wisconsin and Min¬ 
nesota Railroad and the City of Milwaukee, as well as sundry ter¬ 
minal passenger and freight facilities in the City of Milwaukee, ref¬ 
erence whereto is hereby made, and said Wisconsin Central Rail- 






DEEDS, LEASES, ETC. 


PART III. 


8 (> 


Leage, Wig. Cent. Co. to North. Pac. K. It. Co. 


road Company and its associates are hoav exercising and enjoying 
such trackage rights and terminal facilities; and 

Whereas, The Wisconsin Central Company now enjoys sundry 
terminal facilities at the City of St. Paul and the City of Minne¬ 
apolis, and sundry trackage rights between said cities under and 


by virtue of divers contracts heretofore made by the Minnesota, St. 
Croix and Wisconsin Railroad Company and the Wisconsin Central 
Company, with the St. Paul, Minneapolis and Manitoba Railroad 
Company, so-called, reference whereto is hereby made; and 

Whereas, The Wisconsin Companies by an indenture of contract 
and lease dated the first day of April, A. D. 1890, heretofore leased 
all the terminal facilities and properties of the Chicago and North¬ 
ern Pacific Railroad Company located in the County of Cook, in 
the State of Illinois, a copy of which is hereto annexed and made 


part hereof; and 

Whereas, The said Wisconsin Central Company is the owner of 
a controlling interest in the stocks and bonds of the Wisconsin Cen¬ 
tral Railroad Company; and 

Whereas, Said lines of railway hereinbefore described as owned 
or leased by the Wisconsin Companies form a system of railway, 
known as the Wisconsin Central System, extending generally from 
the City of Chicago, in the State of Illinois, to Ashland, on Lake 
Superior, in the State of Wisconsin, and to the cities of St. Paul 
and Minneapolis, in the State of Minnesota; and 

Whereas, The Northern Company is by its charter authorized 
and empowered, among other things, to lay out, locate, construct, 
furnish, maintain and enjoy a continuous railroad and telegraph 
line with the appurtenances, beginning at a point on Lake Supe¬ 
rior, in the State of Minnesota or Wisconsin, thence westerly to 
Puget Sound, and has completed its line from Ashland in the State 
of Wisconsin, through the States of Wisconsin, Minnesota, 
Dakota and Montana, the Territory of Idaho and State of 
Washington to the City of Tacoma, and thence to the City 
of Portland in the State of Oregon, and is the lessee of a 
railroad extending from the City of St. Paul in the State of 




PART III. 


DEEDS, LEASES, ETC. 


87 


Lease, Wis. Cent. Co. to North. Pac. R. E, Co. 


Minnesota, via the Minnesota Transfer and the City of Minneapo¬ 
lis to Brainerd, in said State, and controls and operates divers 
branch lines, extending from or connected with its main line to 
various points and places in the States and Territory aforesaid, and 
the railway lines now owned, controlled and operated by it directly 
connecting with the aforesaid lines of the Wisconsin Central System 
at the City of Ashland, in the State of Wisconsin, and at Minne¬ 
sota Transfer and the Cities of St. Paul and Minneapolis, in the 
State of Minnesota ; and 

Whereas, The lines of railway now owned, controlled and oper¬ 
ated by the Wisconsin Companies, and the lines of railway now 
owned, controlled and operated by the Northern Company, can by 
means of the connections aforesaid at the City of Ashland, in the 
State of Wisconsin, and the Cities of St. Paul and Minneapolis, in 
the State of Minnesota, be operated as a continuous trunk line sys¬ 
tem of railway for the transportation of freight and passengers be¬ 
tween the City of Chicago, in the State of Illinois, and the Pacific 
Coast and intermediate points; and 

Whereas, The Northern Company is by its charter authorized to 
accept to its own use any grant, power or franchise which may be 
granted to or conferred upon it by the Legislature of any State, 
and the State of Wisconsin has heretofore conferred upon said 
Northern Company, by virtue of divers enactments of the Legisla¬ 
ture of said State, certain powers, privileges and franchises, so 
that the Northern Company is a corporation existing within the said 
State of Wisconsin and entitled to exercise all the rights, powers, 
privileges and franchises conferred upon a railroad corporation ex¬ 
isting under the laws of the State of Wisconsin and has the power 
to accept a lease of the aforesaid lines of railway, known as the 
Wisconsin Central System, owned and leased by the Wisconsin 
Companies; and 

Whereas, The Wisconsin Companies are empowered by law to 
make a lease to the Northern Company of the various lines of rail¬ 
road hereinbefore described and now owned, controlled and oper¬ 
ated by them, known as the Wisconsin Central System; and 







I 


K<S 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

Whereas, The parties hereto heretofore entered into a certain 
Traffic Contract, so-called, dated the second day of May, A. D. 
1889, which said Traffic Contract was thereafter duly amended by 
consent of the parties thereto on the sixteenth day of January, A. 
D. 1890, and the parties hereto thereafter, by due action had ac¬ 
cording to law made and entered into an agreement providing for 
the making of this indenture of contract and lease. 

Now, THEREFORE, THIS INDENTURE WITNESSETH: That for and ill 
consideration of the sum of one dollar by each to the others paid, 
the receipt whereof is respectively hereby acknowledged, and of 
the mutual covenants and agreements hereinafter contained, the 
parties do hereby covenant and agree, each with each, and each 
with all the others, as follows, that is to say: 

Article One. The Wisconsin Companies as owners and lessees 
as aforesaid, do hereby jointly and severally grant, demise and lease 
unto the Northern Company, and to its successors and assigns, all 
and singular, the property demised and let to the Wisconsin Com¬ 
panies by the Chicago and Northern Pacific Railroad Company, in 
the County of Cook and State of Illinois, under and by virtue of 
the aforesaid indenture of contract and lease between the Wiscon¬ 
sin Companies and the Chicago and Northern Pacific Railroad Com¬ 
pany; and also all and singular, the trunk line system of railway 
now owned, operated and controlled by them, extending from the 
west line of Section Sixteen in the Town of Cicero, in said County 
of Cook, in a general westerly direction to Altenheim, thence in 
a general northerly direction by way of Des Plaines, Burlington, 
Waukesha, Fond du Lac and Oskosh, to the City of Neenah, in the 
State of Wisconsin, and from the City of Menasha, in said State of 
Wisconsin, in a general northwesterly and northerly direction by 
way of said Neenah, Waupaca, Stevens Point, Abbotsford, Phillips 
and Mellen, to the City of Ashland upon Lake Superior, in said 
State of Wisconsin, and from said Stevens Point, in a general 
southerly direction, to the City of Portage, in said State of 
Wisconsin, with a branch extending in a general easterly direction 
from Packwaukee to Montello in said State, and from Abbotsford, 





PART III. 


89 


DEEDS, LEASES, ETC. 


Lease, Wis. Cent, Co. to North. Pac. R. R. Co. 


in the County of Clark in said State of Wisconsin, in a general 
westerly direction by way of Chippewa Falls and New Richmond, 
to the Cities of St. Paul and Minneapolis and the Minnesota Trans¬ 
fer, so-called, in the State of Minnesota, with a branch from Chip¬ 
pewa Falls to Eau Claire, m said State of Wisconsin, and from 
said Mellen, in a general easterly direction, by way of Hurley and 
Ironwood, to Bessemer, in the State of Michigan, and all branches, 
spurs and extension lines of railroad now constructed, operated or 
controlled by them or either of them, together with the appurten¬ 
ances thereto belonging, and all and singular the lands and premises 
occupied thereby; also all rights, privileges, liberties, ordinances 
and franchises connected with or relating to the said demised rail¬ 
roads, or to the construction, maintenance, use, management or 
operation of the same, or to the business thereof; also, all and sin¬ 
gular all railways, ways and rights of ways, and all depot-grounds 
and other grounds; also, all rolling stock and equipment owned, 
leased, or otherwise controlled by the Wisconsin Companies; also, 
all tracks, side-tracks, telegraph lines, turn-tables, water-tanks, 
bridges, viaducts, culverts, wharves, docks, fences and other struct¬ 
ures, and all depots, station-houses, engine-houses, car-houses, 
freight-houses, wood-houses, elevators, warehouses, and all shops, 
buildings, erections and superstructures of every kind, and all 
other facilities, terminal and otherwise, for operating said railroads, 
and for transacting the business thereof; and also, all and sin¬ 
gular, all lands, leaseholds, premises and easements relating to the 
demised premises; and also, all contracts, covenants and agree¬ 
ments of any and every sort incident to the operation of the de¬ 
mised property in this article described, owned or controlled 
by said lessors, or either of them, prior to the taking effect hereof, 
relating to the use or occupancy of the demised railroads or the 
business, maintenance or operation thereof, and also, so far as the 
Wisconsin Companies or either of them can lawfully include the 
same herein, all and singular the rights and privileges of whatso¬ 
ever nature vested in them under and by virtue of a certain con¬ 
tract between the Wisconsin Central Railroad Company and other 








DEEDS, LEASES, ETC. 


PART III. 


no 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

persons and corporations, and the Chicago, Milwaukee and St. Paul 
Railway Company, bearing date the twenty-fourth day of July, 
A. D. 1886, subject, however, to the terms, conditions, restrictions 
and stipulations therein expressed; excepting and reserving from 
the operation and effect of this indenture of contract and lease all 
land grant and other lands, lots and real estate of whatsoever na¬ 
ture which now are or hereafter may be owned or controlled by the 
Wisconsin Companies or either of them, not acquired for use or 
used in connection with, the actual management, maintenance and 
operation of the demised railroads or property, or some part there¬ 
of, and excepting and reserving also the hotel Chequamegon, so- 
called, and the property, real, personal and mixed, appertaining 
thereto or used in connection therewith ; provided, always , however , 
that nothing herein contained shall operate to grant or demise, or 
be construed to include, the franchise to be a corporation of the 
Wisconsin Companies or either of them, or their or either of their 
lessors or any of them, said franchises being hereby expressly re¬ 
served and excepted from these presents. 

To have and to hold the said demised railroads, their appurte¬ 
nances, and the said premises, rights, liberties and franchises con¬ 
nected therewith, and all the other property hereinbefore demised, 
unto the Northern Company, its successors and assigns, from the 
first day of April, A. D. one thousand eight hundred and ninety 
(1890), for and during and until the full end and term of ninety- 
nine (99) years next ensuing, and fully to be completed and ended, 
the Northern Company, its successors and assigns, yielding and 
paying therefor unto the Wisconsin Companies, monthly in every 
year during the said term hereby granted, the rent hereinafter 
specified, and keeping and performing all and singular the cove¬ 
nants and agreements hereinafter set forth, to be by the Northern 
Company kept and performed, hut subject , nevertheless , to the lien 
of all mortgages now existing, made by the Wisconsin Companies, 
or either of them, covering or in any way affecting the whole or 
any part or portion of the property hereby demised; and subject , 
also , to all mortgages referred to in the aforesaid indenture of con- 






PART III. 


DEEDS, LEASES, ETC. 


91 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

tract and lease between the Chicago and Northern Pacific Railroad 
Company and the Wisconsin Companies, and to which mortgages 
said indenture of contract and lease is by its terms expressly made 
subject. 

And these presents further witness that said railroads, with their 
appurtenances, and the said premises, rights, liberties, ordinances 
and franchises of the Wisconsin Companies are granted and demised 
unto the Northern Company, its successors and assigns, upon the 
terms, conditions and agreements hereinafter mentioned and set 
forth. 

Article Two. For the purpose of computing and determining 
the amount of money payable by the Northern Company as and for 
the rent of the said demised railroads, appurtenances, premises and 
franchises and other property, the words “ gross earnings,” when¬ 
ever and wherever used in these presents, and at all times and for 
all purposes, shall be held to mean : 

(^4.) The entire receipts for the transportation of persons and 
property local to the said hereby demised railroads, that is to say: 
for the transportation of persons and property when the initial and 
terminal points of transportation are on the line of the said hereby 
demised railroads, or at the termini thereof, or at either of the 
termini and an intermediate point, as well as from transfer, ter¬ 
minal or other service rendered by the Northern Company, on or 
by means of, or in connection with, the demised property north of 
said Altenheim. 

(J9.) The entire receipts from any other person or corporation 
for the use of the demised property or any part thereof lying north 
of said Altenheim, and for the transportation of mail and express 
upon the demised property, or any part thereof, and the net profit, 
if any, made from hotels and eating-houses north of said Altenheim, 
and from the operation of dining-cars and sleeping-cars upon said 
demised pro perty or any part thereof. 

((7.) The entire receipts apportioned to the demised property 
for the transportation of persons and property, when such transport¬ 
ation is partly on or over said hereby demised railroads, or some 




1)2 


DEEDS, LEASES, ETC. 


PAllT III' 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

portion thereof, and partly on or over the line of any other common 
carrier than the Northern Company. 

(D.) The entire receipts apportioned to the demised property for 
the transportation of persons and property, when such transporta¬ 
tion is partly on or over said hereby demised railroads, or some 
portion thereof, and partly on or over the railroad of the Northern 
Company, or some portion thereof. 

(A?.) The entire receipts apportioned to the demised property 
for the transportation of persons and property, when such transport¬ 
ation is partly on or over said hereby demised railroads, or some 
portion thereof, and partly on or over the railroad of the Northern 
Company, or some portion thereof, and partly on or over the line 
or lines of some other common carrier or carriers. 

(F.) The entire receipts for the transportation of all persons 
employed in, and materials intended for, construction, or any other 
similar purpose, upon any portion of the line or lines of railroad 
owned, leased or otherwise controlled by the Northern Company, 
except the railroads hereby demised, or branches, spurs or exten¬ 
sion lines thereof. Fair and reasonable charges shall be made for 
such transportation. 

. (6r.) The entire receipts from all other business, if any, done 
upon or in connection with the demised property, or any part 
thereof. 

It is, however, distinctly agreed that whenever the use of the 
property of the Chicago and Northern Pacific Railroad Company, 
or of any portion thereof, shall contribute to any extent to the re¬ 
ceipts, which enter into the definition of gross earnings as herein¬ 
before described, there shall be deducted from said gross receipts 
and not included in said gross earnings, a fair and reasonable charge 
on account of the amount, which the use of the said property of the 
Chicago and Northern Pacific Railroad Company contributed 
thereto, and that none of the earnings made between Rugby Junc¬ 
tion and the City of Milwaukee shall be included in the gross earn¬ 
ings, but the same shall belong wholly to the Northern Company. 

Article Three. The revenue derived by the Northern Com- 






PART Ill. 


DEEDS, LEASES, ETC. 


93 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

pany from passenger or freight traffic, which is transported partly 
on or over the demised property, or some portion thereof, and 
partly on or over the lines of the Northern Company, or some por¬ 
tion thereof, shall be divided between the Wisconsin Companies 
and the Northern Company at all times upon a fair and reasonable 
basis, having due regard to the conditions of traffic and competi¬ 
tion ; provided that all revenue which is not competitive or trans¬ 
continental, but which is common to the railroads of the parties 
hereto respectively, shall be apportioned between the Wisconsin 
Companies and the Northern Company upon the basis of their re¬ 
spective local rates. 

Rates for the transportation of such common business shall con¬ 
sist of the sum of such respective local rates, unless the judicious 
and prudent development and conduct of such common business 
shall render lower rates for the transportation thereof necessary or 
expedient. 

The Northern Company shall at all times during the existence of 
this indenture of contract and lease have the right, in the first in¬ 
stance, to establish the rates for the transportation of freight and 
passengers upon or over the demised property, and each and every 
part thereof, subject, however, to and in accordance with such legal 
rules and statutory provisions as may from time to time be in force 
and applicable thereto; provided, however, that such rates shall at 
all times be reasonable. 

Article Four. The Northern Company further covenants and 
agrees that it will, within sixty (GO) days after the expiration of 
each calendar month during the existence of this indenture of con¬ 
tract and lease, pay to the Wisconsin Central Company a sum 
equal to thirty-five per centum of the gross earnings during each 
such calendar month, upon all that part of the premises hereby de¬ 
mised which lies north and west of the junction made with the 
Wisconsin Central Railroad, by the Milwaukee and Lake AYinne- 
bao-o Railroad, in Little Lake Butte des Morts, in the County of 
Winnebago and State of Wisconsin; and also, a sum equal to 
thirty-seven and one-half per centum of the gross earnings during 




( J4 


DEEDS, LEASES, ETC. 


PART Ill- 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


each such calendar month, upon the Milwaukee and Lake Winne¬ 
bago Railroad and the Chicago Wisconsin and Minnesota Railroad, 
extending from the junction aforesaid made by the Milwaukee and 
Lake Winnebago Railroad with the Wisconsin Central Railroad, 
in Little Lake Butte des Morts, to the railroad of the said Chicago 
and Northern Pacific Railroad Company. 

Article Five. The Northern Company shall and will keep 
books of account in such manner and in order that the gross earnings 
made on each railway hereinbefore described as leased, and on each 
railway hereinbefore described as owned by the Wisconsin Com¬ 
panies can at all times be readily ascertained and distinguished, 
and shall and will render to the Wisconsin Central Company, at 
its office in the City of Milwaukee, within sixty (60) days after the 
close of each said calendar month, a statement of the gross earnings, 
as hereinbefore defined, made during each such month on the 
hereby demised property, upon which rentals are to be computed 
and paid, as provided by Article Four hereof. 

The Northern Company covenants and agrees that the Wiscon¬ 
sin Companies shall at all reasonable times have access to all books, 
statements, vouchers and accounts kept by the Northern Company 
for the purposes aforesaid, and shall have all reasonable opportunity 
to verify the statements so as aforesaid covenanted and agreed to 
be furnished to the Wisconsin Companies by the Northern .Com¬ 
pany. 

The Northern Company shall at all times during the existence 
of this indenture of contract and lease, at the option of the Wis¬ 
consin Companies, afford office room and accommodations to such 
person or persons as the Wisconsin Companies shall designate, and 
said person or persons so acting for the Wisconsin Companies shall 
at all times have free and full access to the books, vouchers and 
accounts aforesaid for the purpose of making up such statements 
and obtaining such information of the business done and earnings 
made upon the property hereby demised, and each and every part 
thereof, as shall from time to time be required by the Wisconsin 
Companies in order to enable them to perform all and singular their 







PART III. 


DEEDS, LEASES, ETC. 


95 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

obligations contained in, arising under, or by reason of any lease, 
contract or other paper writing, relating to the demised property 
or any portion thereof. 

Article Six. Whenever, and if, in any year ending June thirtieth 
the expenses of the Northern Company in operating and maintain¬ 
ing that part of the system of railway hereby demised lying north 
of Altenheim aforesaid shall be less than fifty-nine per centum of 
the gross earnings made thereon, then and in such case one-half of 
the difference between the actual operating and maintenance ex¬ 
penses and a sum equal to fifty-nine per centum of said gross earn¬ 
ings shall belong to and be paid to the Wisconsin Companies, in 
addition to all other sums of money agreed to be paid by the 
Northern Company, and shall be apportioned between the Wiscon¬ 
sin Companies upon the basis of mileage herein demised by them 
respectively to the Northern Company; provided, however , that if 
in any previous year or years the said operating and maintenance 
expenses shall have exceeded a sum equal to fifty-nine per centum 
of the gross earnings of said year or years, the said difference shall 
first be applied to reimburse the Northern Company for such ex¬ 
cess, and one-half the remainder only of said difference shall be¬ 
come due and payable to the Wisconsin Companies by the Northern 
Company. 

Under the provisions of this article the sum of one hundred and 
seventy-five thousand dollars, the fixed terminal rental at Chicago 
heretofore paid by the Northern Company, shall be considered as 
operating and maintenance expenses, and all advances made to 
make up any deficit under the provisions of Article Two of the 
lease from the Chicago and Northern Pacific Railroad Company to 
the Wisconsin Companies shall also be considered as operating and 
maintenance expenses; provided , lioivever , that if and when the 
Chicago and Northern Pacific Railroad Company shall be able from 
its net earnings to repay all or any part of the sums advanced to 
make up the deficit for any year, the sums when so repaid shall be 
deducted from the operating and maintenance expenses as ascer¬ 
tained under this Article, and if the operating and maintenance 




DEEDS, LEASES, ETC. 


PART III. 




Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

expenses shall then not exceed fifty-nine per centum of the gross 
earnings, one-half of the difference between such actual operating 
and maintenance expenses and fifty-nine per centum of the gross 
earnings shall be paid to the Wisconsin Companies. 

Article Seven. The Northern Company hereby covenants and 
agrees that it shall and will so far as it lawfully can, at all times, 
during the existence of this indenture of contract and lease trans¬ 
act over the property hereby demised, all the freight and passenger 
business which it can control destined to or through any point or 
points reached by the railroad lines hereby demised, when such 
lines can be utilized for such business; and that it shall not and 
will not during the existence of this indenture of contract and 
lease, make any agreement, traffic contract, lease or paper writing 
of any kind whatever, which shall in any way directly or indirectly 
evade in any particular the obligations hereof, or which shall per¬ 
mit any traffic of any kind that might produce a revenue to the 
Wisconsin Companies to be in any way diverted from the property 
hereby demised, or to be transacted by any other person or per¬ 
sons, corporation or corporations whatsoever. 

Article Eight. The Northern Company shall and will continu¬ 
ously, during said granted term, operate said demised railroads in 
all respects as required by any and all laws of the United States of 
America, and of the States of Minnesota, Michigan, Wisconsin and 
Illinois, and of any competent municipal authority pertaining 
thereto, and at all times furnish to the public all practicable and 
reasonable facilities to the extent of the capacity of the tracks, 
sidings and stations, and shall and will at all times during said 
term, keep, maintain, and preserve said demised railroads, prem¬ 
ises and appurtenances, and all parts thereof in good condition and 
repair; and as often as any part or portion of said demised rail¬ 
roads, or their appurtenances, shall, from any cause, be destroyed, 
or otherwise become unfit for their appropriate uses and purposes, 
the Northern Company shall and will renew, replace or rebuild the 
same, and apply all insurance money received toward such purpose, 
and said renewed, replaced and rebuilt structures shall at once be- 




PART III. 


DEEDS, LEASES, ETC. 

Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


117 


come and be the property of the company owning the line of rail¬ 
way upon or in connection with which the same shall be located, 
without claim thereto on the part of the Northern Company, except 
under the provisions of this indenture of contract and lease, as a 
portion of the demised premises and property. 

Article Nine. The Northern Company shall at all times during 
the existence of this indenture of contract and lease pay and dis¬ 
charge any and all costs, expenses and charges whatsoever of man¬ 
aging, maintaining and operating the property hereby demised, 
and any and all costs, expenses, and charges of any and all kinds what¬ 
soever arising out of, or in any manner pertaining to or connected with 
the management, maintenance or operation of said demised prop¬ 
erty, and shall, if requested by the Wisconsin Companies, or either 
of them, assume the defense of, and shall defend all suits and ac¬ 
tions brought against the Wisconsin Companies, or either of them, 
in any manner growing out of the management, maintenance or 
operation of said demised property, and shall pay all recoveries 
therein as well as all expenses and disbursements incident thereto, 
and shall indemnify the Wisconsin Companies, and each of them, 
against, and save them and each of them harmless from, all and sin¬ 
gular all costs, expenses, charges, liabilities, recoveries, judgments, 
executions and causes of action, either at law or in equity, in any 
manner arising from or connected with the enjoyment of said de¬ 
mised property by the Northern Company. 

Article Ten. The Northern Company shall and will from time 
to time, and when the same shall become due, pay and discharge 
all license fees, taxes, duties and assessments of whatsoever nature 
that may be levied, exacted, required, charged or assessed, by or 
through the United States, or by or through any state, county, city 
or town, or by or through any other municipal or legal authority, 
on the said demised property, or any part thereof, or on the gross 
earnings made on, or on the ordinances and franchises pertaining to 
said demised property, and every part thereof. 

Article Eleven. The Wisconsin Companies shall and will 
from time to time, and at all times during the existence of this in- 







PART III. 


98 DEEDS, LEASES, ETC. 

Lease, Wis. Cent. Co. to North. Pac. IL E. Co. 

denture of contract and lease, at their own cost and charge, furnish 
and supply for use, upon the railroads hereby demised, any and all 
motive power, rolling stock and equipment which the business of 
said demised railroads and the increase thereof may require; but 
they shall not be compelled to furnish an amount or quantity of 
motive power and cars beyond what would be necessary to carry 
and move all the cars and trains of cars and traffic upon the prop¬ 
erty hereby demised, through and local, on and over the lines of 
the said Wisconsin Central System, if none of said equipment were 
sent from said lines upon other railroads. 

Article Twelve. The Northern Company hereby covenants and 
agrees, in the operation and management of the demised property, 
to use its best endeavors to realize the largest possible net income 
and earnings therefrom, and to use its best endeavors to keep all 
property, both real and personal, hereby demised which it does not 
need for its own use as a common carrier rented for upon such terms 
as may be deemed best to promote the interests of the parties here¬ 
to ; provided , however , that nothing in this indenture contained 
shall ever be construed to compel the Northern Company, except 
at its own option, to lease facilities upon or in connection with said 
demised property to any common carrier directly and substantially 
competing with the Northern Company. This is subject, however, 
to the provisions of said lease between the Chicago and Northern 
Pacific Railroad Company and the Wisconsin Companies. 

Article Thirteen. The Northern Company shall from time to 
time make out and furnish to or for the Wisconsin Companies, and 
each of them, when and as from time to time requested, any and 
all reports and statements, or the proper data therefor, which they 
or either of them are now or may hereafter be required to make or 
file by any law respecting the condition, business, management or 
operation of the railroads and property hereby demised, and permit 
the President, Treasurer, or such other person as may be appointed 
for that purpose by the respective Boards of Directors of the Wis¬ 
consin Companies to inspect the books of the Northern Company 
relating to such property, for the purpose of verifying all state¬ 
ments so made. 





PART III 


DEEDS, LEASES, ETC. 


99 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

Article Fourteen. The Northern Company shall and will, 
during the existence of this indenture of contract and lease, keep 
the passenger stations, freight houses, round houses, warehouses, 
elevators and all other buildings, rolling stock and equipment and 
insurable property, hereby demised, insured in like manner and to 
like extent as it insures similar property of its own against loss or 
damage by fire, in good and responsible companies, and in the 
event of either loss or damage by fire, the Northern Company shall 
apply the insurance money which it may receive to rebuild, repair 
or replace, as the case may be. 

Article Fifteen. The Northern Company shall and will, and 
it does hereby assume, and it hereby agrees to fully perform in 
every particular, all the covenants, promises, agreements and stip¬ 
ulations to be in any manner performed by the Wisconsin Com¬ 
panies under and in pursuance of the provisions contained in the 
indenture of contract and lease aforesaid between the Wisconsin 
Companies and the Chicago and Northern Pacific Railroad Com¬ 
pany, dated the first day of April, A. D. 1890; and the agreement 
with the Chicago, Milwaukee and St. Paul Railway Company here¬ 
inbefore referred to, bearing date the twenty-fourth day of July^ 
A. D. 1886, while the Northern Company enjoys the privileges 
thereof; and the Northern Company hereby covenants and agrees 
that it will, at all times and in all places, indemnify the Wisconsin 
Companies against, and save them harmless from all claims, de¬ 
mands, costs, liabilities, expenses, disbursements, causes of action, 
judgments, recoveries and executions, in any manner growing out' 
of, pertaining to, or connected with any misfeasance, non-feasance 
or malfeasance of any agreements, stipulations, promises or cove¬ 
nants in said indenture of contract and lease between the Wisconsin 
Companies and said Chicago and Northern Pacific Railroad Com¬ 
pany, provided to be by the Wisconsin Companies kept and per¬ 
formed. 

Article Sixteen. The Wisconsin Companies do hereby assign 
and set over unto the Northern Company all contracts and agrees 
ments heretofore made and entered into by them, or either of them, 








100 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. It. P. Co. 

as well as by each, every and all persons and corporations to whose 
estate in the demised premises, and each and every part thereof, they 
or either of them have, prior to the date hereof, succeeded, so far 
as the same relate to the operation of the demised property, and any 
part thereof, and are now obligatory upon the Wisconsin Compa¬ 
nies, or either of them; and the Northern Company hereby as¬ 
sumes the said contracts, and each and every thereof, and agrees 
to perform the same, and to indemnify the Wisconsin Companies 
and each of them, against, and save them and each of them, harm¬ 
less from each, every and all obligations by them heretofore 
assumed under, or by, or in respect of each, every and all such con¬ 
tracts, so far as the same relate to the operation of the demised 
property. Provided, however, that the Wisconsin Companies shall 
pay each and every rental which may accrue under any and all con¬ 
tracts relating to the property hereby demised, which they, or 
either of them have promised to pay or assumed, except the rent¬ 
als under the aforesaid leases or contracts with the Chicago and 
Northern Pacific Railroad Company and the Chicago, Milwaukee 
and St. Paul Railway Company. 

Article Seventeen. If either of the parties hereto shall here¬ 
after become dissatisfied with the percentages of gross earnings 
hereinbefore provided to be paid to the Wisconsin Companies, said 
party may, during the month of September, A. D. 1895, notify 
the other party or parties in writing of its or their desire for such 
revision, and thereupon if the parties hereto do not before the first 
day of November, A. D. 1895, jointly agree upon a revision of such 
percentages, then the question of such revision shall be settled by 
arbitration, as hereinafter in this indenture provided, and such re¬ 
vised percentages, when so agreed upon or settled, shall go into 
effect on the first day of January, A. D. 1896, and shall thereafter 
continue in effect for five years then next ensuing; and also, if, 
during the month of September, 1900 and 1905, and every ten 
years thereafter during the existence in force of this indenture of 
contract and lease, either party hereto shall in writing notify the 
other or others that it or they desire still further revision of the 




PART III. 


DEEDS, LEASES, ETC. 

Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


101 


said percentages then in force, said percentages shall be again re¬ 
vised in like manner as above set forth, and said percentages, so 
revised, shall go into effect on the first day of January next occur¬ 
ring after each such revision, and shall remain in force until further 
revised according to the provisions of this article. 

Article Eighteen. In case the parties hereto shall hereafter 
agree upon the construction of any additional railway lines or 
extensions of the existing railway lines hereby demised, or of any 
branches thereof, north of Altenheim, in the State of Illinois, 
which shall come under the operation of this indenture, then and 
in that event the Wisconsin Companies hereby covenant and agree, 
so far as may be necessary, to form or cause to be formed or aid in 
forming new corporations, competent to construct such additional 
lines or branches, and to lend their credit by the issue of mortgage 
bonds, or by the guarantee of the bonds to be issued by such new 
corporations or otherwise, as may be agreed upon by and between the 
parties hereto. And the Northern Company hereby covenants and 
agrees that if any such railway lines or branches are constructed, 
as aforesaid, then and in that event, to pay to the Wisconsin Com¬ 
panies the same proportion of the gross earnings, made upon said 
railway lines or extensions, as it has hereinbefore covenanted to 
pay in respect to the railway lines lying north and west of the 
City of Menasha in the State of Wisconsin, to wit; thirty-five per 
centum of the gross earnings, and such payments shall be made at 
the times and in the manner hereinbefore provided for the payment 
of rentals under this indenture. 

Article Nineteen. If the parties hereto shall at any time 
hereafter agree upon the construction of permanent betterments 
and improvements to and upon the said demised railways and prop¬ 
erties North of Altenheim, in the State of Illinois, not custom¬ 
arily or properly chargeable to operating or maintenance expenses, 
then and in that event the Wisconsin Companies further covenant 
and agree to lend their credit by the issue of mortgage bonds, 
debentures or other obligations in such form as may be agreed 
upon by and between the parties hereto, for the purpose of provid- 








102 


DEEDS, LEASES, ETC. 


PART III* 


Lease, Wis. Cent. Co. to North. Par. R. R. Co. 

mg funds for the construction of such betterments and improve¬ 
ments; provided, however, that the payment of the interest upon 
such mortgage bonds, debentures or other obligations shall be ad¬ 
justed by agreement between the parties hereto, having due regard 
to the question as to whether such betterments and improvements 
tend to reduce operating and maintenance expenses, or tend to 
produce an increase of gross earnings, or both; and if the parties 
hereto cannot agree upon their respective liabilities to pay the 
interest, the same shall be submitted to, and be settled by, arbitra¬ 
tion, as provided in article twenty-eight of this Indenture, provided, 
however , that the Northern Company shall have the right to make 
betterments and improvements of the kind and character in this 
article specified north of Altenheim aforesaid, in each year, to an 
amount not exceeding two hundred and fifty thousand dollars 
($250,000), without first obtaining the assent of the Wisconsin 
Companies thereto; and the Wisconsin Companies shall lend their 
credit as aforesaid, for the purpose of providing funds to reimburse 
the Northern Company for such expenditures to the extent afore¬ 
said, and if the parties hereto cannot agree upon their respective 
liabilities to pay the interest, the same shall be submitted to, and 
settled by, arbitration, as aforesaid. 

Article Twenty. The Wisconsin Companies shall and will, 
from time to time hereafter make, do, seal, execute, acknowledge, 
and deliver, or cause to be made, done, sealed, executed, acknow¬ 
ledged and delivered, all and such further acts, matters, things, 
contracts, agreements, leases and assurances in the law for better 
assuring and confirming unto the Northern Company all and sin¬ 
gular the premises, estates, leaseholds and property hereby de¬ 
mised, or intended so to be, as shall be necessary, requisite or proper 
for better effectuating and carrying out the provisions, objects and 
purposes of this indenture of contract and lease. 

Article Twenty-one. The parties hereto respectively shall 
and will maintain, during the existence of this indenture of con¬ 
tract and lease, their and each of their corporate existences and 
organizations, and shall and will from time to time and at all 





PART III. 


DEEDS, LEASES, ETC. 

Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


103 


times when and if and as necessary, do each and every and all 
lawful acts requisite to renew, perpetuate and maintain their and 
each of their corporate existences and organizations, and shall and 
will respectively exercise each and every corporate act which they 
or either of them can now or at any time hereafter may lawfully 
exercise, to enable the Northern Company to enjoy and avail itself 
of and exercise every right, franchise and privilege hereby granted, 
and to properly manage and operate the demised premises accord¬ 
ing to the terms of this indenture of contract and lease, and said 
parties respectively shall not and will not commit or omit, and 
shall not suffer or allow to be committed or omitted any act 
whereby their or either of their corporate existences and powers 
may be annulled, abridged or affected. 

Article Twenty-two. The Wisconsin Companies do hereby 
covenant and agree to and with the Northern Company, that the 
Northern Company, on paying the rental herein reserved, and per¬ 
forming and fulfilling all and singular the covenants and agree¬ 
ments herein contained on its part to be performed and fulfilled, 
shall and may peaceably and quietly have, hold and enjoy the said 
demised railroads, premises, appurtenances and franchises for and 
during the term aforesaid, without any let, interruption, hindrance 
or molestation on the part of the Wisconsin Companies or either 
of them, or any other person or persons, corporation or corpora¬ 
tions whatever claiming or to claim by, from, through or under 
them or either of them. 

Article Twenty-three. If the Northern Company shall at any 
time or times hereafter, during the existence of this indenture of 
contract and lease, fail or omit to pay the rent herein reserved, or 
any part of such rent, when and as the same shall become payable 
as hereinbefore specified, or if the Northern Company shall fail or 
omit to keep and perform its covenants and agreements herein con¬ 
tained, or any of them, and shall continue in default in respect to 
the performance of such covenants and agreements for a period of 
ninety days, then and in either and every such case it shall be law¬ 
ful for the Wisconsin Companies, acting jointly, at their option, to 










104 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

enter into and upon the said demised railroads, premises and ap¬ 
purtenances, and every part thereof, and remove all persons there¬ 
from without let or hindrance by the Northern Company, and 
thenceforth the said demised railroads, terminal facilities, premises, 
properties, appurtenances, and all additions and improvements 
Avhich shall have been made to the same, to have, hold, possess 
and enjoy as of the first or former estate of the Wisconsin Com¬ 
panies in the said demised property, and such re-entry shall be 
without prejudice to the right of the Wisconsin Companies to take 
such other and further action for the enforcement of the provisions 
of this indenture as to them may seem advisable or expedient. 

Article Twenty-four. The Wisconsin Companies further cov¬ 
enant and agree that all rentals paid to them by the Northern Com¬ 
pany as hereinabove provided, shall be first applied, so far as may be 
necessary, to the payment of interest upon their and each of their 
bonded indebtedness, rentals and all other fixed charges which under 
this indenture of contract and lease they are bound to pay when and 
as the same shall from time to time mature, and that they will re¬ 
spectively pay their bonded debt when and as the same matures, 
either by a new issue of bonds or in such other manner as may 
be from time to time jointly agreed upon, and will pay all interest 
when and as the same matures and is due upon said bonded debt, 
and will forever hold the Northern Company harmless therefrom, 
and will not, without the consent of the Northern Company, is¬ 
sue any new bonds under any mortgages now outstanding and un¬ 
discharged. 

Article Twenty-five. In event of the failure or omission of 
the Wisconsin Companies to execute and deliver renewal bonds, or 
to pay the interest or principal upon their or either of their bonds 
as the same shall respectively accrue, the Northern Company shall 
have the right to purchase and acquire for its own use and benefit 
any or all of such outstanding unpaid and matured bonds and cou¬ 
pons, and said bonds and coupons so purchased and acquired shall 
draw interest at the rate of eight per centum per annum, and be 
and remain in the hands of the Northern Company in full force, 




PART III. 


DEEDS, LEASES, ETC. 


105 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

validity and effect, secured by a lien upon said demised railroads, 
premises, appurtenances and franchises, in the same manner and 
with like effect to all intents and purposes as if the same were held 
and owned by the original or any other bona fide holder and owner 
thereof, subject to the right of the Wisconsin Companies and each 
of them to pay, at any time, such matured interest coupons and 
eight per centum interest thereon, or said matured bonds and eight 
per centum interest thereon from the date they are acquired by the 
Northern Company. 

Article Twenty-six. It is hereby mutually understood and 
agreed, anything in this indenture of contract and lease to the con¬ 
trary notwithstanding, that the term of the lease and demise herein 
expressed is at all times subject to and limited by the term of each, 
every and all leaseholds enjoyed by the Wisconsin Companies 
or either of them, so far as they form part of the hereby demised 
property and no further, and that the parties hereto mean and in¬ 
tend that this indenture of contract and lease covers only the un¬ 
expired term of each, every and all such leaseholds, vested in the 
Wisconsin Companies respectively at the date of these presents; 
provided, however, that the Wisconsin Companies shall co-operate 
with the Northern Company, in each and every lawful way, 
for the purpose of securing a renewal or extension of each, 
every and all leasehold interests covered hereby, or intended so to 
be, for and during the then unexpired term of this indenture of 
contract and lease. 

Article Twenty-seven. The Northern Company covenants, 
promises and agrees to and with the Wisconsin Companies that at 
the end of said term or sooner termination of this indenture of con¬ 
tract and lease, the Northern Company shall deliver and surrender 
to the Wisconsin Companies, respectively entitled to receive the 
same, the said demised railroads, premises and appurtenances in at 
least as good order and condition as when delivered to the North¬ 
ern Company under this indenture, and with all such additions, 
betterments and improvements as shall have been made thereto; 
provided, however, that the stations, depots, elevators, ware- 





10(3 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

houses, buildings and similar structures, shall he subject to reason- 
aide wear and tear. 

Article Twenty-eight. If any question shall at any time arise, 
touching the construction of this indenture of contract and lease, 
or any part thereof, or the manner of conducting the business to 
be carried on under the provisions thereof, or concerning any 
alleged misfeasance, non-feasance or malfeasance, or concerning 
the proper observance or performance of any of the conditions, 
stipulations or agreements herein contained, or touching any other 
matter in the premises upon which the parties hereto do not agree, 
then the same shall be stated in writing by the party aggrieved, 
and shall be submitted to the arbitrament of three disinterested 
and competent persons familiar with such business and experienced 
in railway affairs, who shall be jointly selected by the parties 
hereto; and in case the parties hereto fail to jointly select such 
arbitrators within twenty days after written request for such arbi¬ 
tration, then said arbitrators may, upon application made by either 
party, after twenty days written notice thereof to the other par¬ 
ties, be appointed by any Judge of the Circuit Court of the United 
States for the Circuit in which any part of the demised property 
shall be situate, and it is mutually agreed that the written awards 
made from time to time by such arbitrators, or a majority of them, 
after due and reasonable notice to, and full hearing of all parties 
and their witnesses, shall have all the legal effect of an award 
made under rule of court in such United States Circuit Court, so 
far as the same is legally possible. 

The said arbitrators shall as soon as possible after their selection 
meet at some place convenient for the parties hereto, and after 
giving to each party reasonable notice of the time and place of 
such meeting, and after hearing the parties in regard to the matter 
in dispute, and taking such other testimony or making such ex¬ 
aminations and investigations as justice shall require and said ar¬ 
bitrators may deem necessary, shall hear and decide all questions 
so submitted to them. They shall make in writing their award 
upon the question or questions submitted to them, and shall serve 





PART III. 


DEEDS, LEASES, ETC. 


107 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


a copy thereof upon each party hereto, and the award of said ar¬ 
bitrators, or of a majority of them, shall be final and binding upon 
said parties so far as is legally possible, and each or either party 
shall immediately thereupon conform to and in all respects render 
prompt and full compliance with such award, and shall make such 
changes in the management and conduct of its business, and make 
such payments or restitutions as in and by such award are required 


of it to be made. 

But it is expressly agreed that no controversy which shall arise 
under this indenture of contract and lease shall be allowed to interfere 
with the operation of this indenture pending such arbitration or arbi¬ 
trations, and also that until said arbitrators shall make their award 
upon the question or questions submitted to them, all business and 
settlements and payments which are to be transacted or made under 
the terms of this indenture shall continue pending the arbitration to 
be transacted and made in the manner and form existing prior to the 
arising of such question or questions, and as if no such controversy 
had arisen. 

Article Twenty-nine. The Chicago and Northern Pacific Rail¬ 
road Company, as owner of the railroad and other property hereby 
demised, which lies east of the west line of Section Sixteen in the 
Town of Cicero, in the County of Cook and State of Illinois, and 
as lessee of all that part of the Chicago and Wisconsin Railroad 
which lies between the west line of Section Sixteen aforesaid and 


the intersection by said railroad of the north line of Section 
Thirteen, Township Thirty-nine north, Range Twelve, in the 
County of Cook and State of Illinois; and the Chicago and Wis¬ 
consin Railroad Company, as owner of the Chicago and Wisconsin 
Railroad, extending from the west line of Section Sixteen aforesaid 
to a junction with the Chicago, Wisconsin and Minnesota Railroad 
at the northern boundary line of the State of Illinois; and the 
Chicago, Wisconsin and Minnesota Railroad Company, as owner of 
the Chicago, Wisconsin and Minnesota Railroad, extending from 
Schleisingerville to a junction with the Chicago and Wisconsin 
Railroad on the southern boundary line of the State of Wisconsin, 




108 


DEEDS, LEASES, ETC. 


PART III 


' Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


and as lessee of the Chicago and Wisconsin Railroad, extending 
thence to the west line of Section Sixteen aforesaid; and the Mil¬ 
waukee and Lake Winnebago Railroad Company, as owner of the 
Milwaukee and Lake Winnebago Railroad, extending from Sclileis- 
ingerville to a junction with the Wisconsin Central Railroad in 
Little Lake Butte des Morts, in the County of Winnebago and 
State of Wisconsin; and the Packwaukee and Montcllo Railroad 
Company, as owner of the Packwaukee and Montello Railroad, 
extending from Packwaukee to Montello, each in the State of Wis¬ 
consin; and the Gogebic and Montreal River Railroad Company, 
as owner of the Gogebic and Montreal River Railroad, extending 
from a point of junction with the Penokee Railroad, formerly so- 
called, and now owned by the Wisconsin Central Company, 
to Bessemer, in the State of Michigan; do hereby severally 
and respectively, in token of their assent to this indenture of 
contract and lease, so far as the same relates to their respective 
properties, join in the execution and delivery hereof, upon the ex¬ 
press condition that they shall not, nor shall either of them, lie 
deemed to have waived or surrendered any right in them or either 
of them respectively vested, to have and receive from their respective 
lessees full satisfaction of each, every and all covenants and agree¬ 
ments by said lessees respectively assumed in and by their acceptance 
respectively of said leases made unto them as hereinbefore set forth. 

Article Thirty. It is expressly declared by and between the 
parties hereto, that all of the preceding covenants, agreements 
and stipulations shall be binding upon and enure to the benefit of 
the Wisconsin Central Company and the Wisconsin Central Rail¬ 
road Company and the Northern Pacific Railroad Company re¬ 
spectively, and to their respective successors and assigns. 

Article Thirty-one. It is expressly declared and agreed by 
and between the parties hereto, that the marginal notes to and 
upon this indenture are for convenience only, and shall not affect 
the interpretation of the text.* 


*A11 marginal notes on recorded instruments are purposely omitted in this 
compilation. 








PART III. 


DEEDS, LEASES, ETC. 


109 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 

In witness whereof, the parties hereto have caused their re¬ 
spective corporate names to be signed hereto by their respective 
Presidents, thereunto duly authorized, and their respective corpo¬ 
rate seals to be hereunto affixed and attested by their respective 
Secretaries, thereunto duly authorized, this first day of April, A. 
D. one thousand eight hundred and ninety. 


Wisconsin Central Company, 


Wisconsin Central 
[Corporate Seal.] 
Company. 


Attest : 


By Edwin II. Abbot, 

President. 


Gardner Colby, 

Acting Secretary. 


Wisconsin Central Railroad Company, 


Wisconsin Central 
[Corporate Seal.] 
Railroad Company. 


Attest: 


By Edwin II. Abbot, 

President. 


W m. II. Stirling, 

Acting Seer eta 1 7 /. 


Northern Pacific Railroad Company, 


Northern Pacific 
[Corporate Seal.] 
Railroad Company 


Attest : 


By T. F. Oakes, 

President. 


Geo. II. Earl, 

Secretary. 












110 


PART III. 


DEEDS, LEASES, ETC. 


Lease, Wis. Cent. Co. to North. Pac. It. It. Co. 


Chicago and Northern Pacific Railroad Company, 


Chicago and 
Northern Pacific 
[Corporate Seal.] 
Railroad Company. 


Attest: 


By D. S. Wegg, 

President. 


Gardner Colby, 

Assistant Secretary. 


Chicago and Wisconsin Railroad Company, 


Chicago and 
Wisconsin 
[Corporate Seal.] 
Railroad Company. 


Attest: 


By Edwin II. Abbot, 

President. 


Howard Morris, 

Secretary. 


Chicago, Wisconsin and Minnesota Railroad Company, 

By Edwin II. Abbot, 

Chicago, Wisconsin President. 

and Minnesota 
[Corporate Seal.] 

Railroad Company. Attest: 

Howard Morris, 

Secretary. 


Milwaukee and Lake Winnebago Railroad Company, 


Milwaukee and 
Lake Winnebago 
[Corporate Seal.] 
Railroad Company. 


By Edwin H. Abbot, 

President. 


Howard Morris, 

Secretary. 


Attest: 










PART III. 


Ill 


DEEDS, LEASES, ETC. 


Lease, Wis. Cent. Co. to North. Pae. R. R. Co. 


Packavaukee and Montello Railroad Company, 

By Edwin H. Abbot, 

Packwankee and President. 

Montello 
[Corporate Seal.] 

Raiload Company. Attest: 

Howard Morris, 

Secretary. 


Gogebic and Montreal River Railroad Company, 

By Edwin H. Abbot, 

Gogebic and President. 

Montreal River 
[Corporate Seal.] 

Railroad Company. Attest: 

Howard Morris, 

Secretary. 


Sealed and delivered in j 
presence of f 

Charles W. Wetmore, 

L. R. Kidder, 

As to the Wisconsin Central Com¬ 
pany, the Wisconsin Central Rail¬ 
road Company and the Northern 
Pacific Railroad Company; and 

James B. Williams, 

George S. Baxter, 

As to the other Companies, execut- 
inof the foregoing 1 instrument. 

o O O 










112 


DEEDS, LEASES, ETC. 


PART III. 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


State of New York, 

City and County of New York. 


ss. 


I, L. R. Kidder, a Notary Public in and for the City 
and Comity of New York, in the State of New York, 
do hereby certify that Edwin H. Abbot and Gardner Colby, per¬ 
sonally known to me to be the President and Acting Secretary 
respectively, of the Wisconsin Central Company, appeared before 
me this day in person and acknowledged that they executed the 
foregoing instrument for and on behalf of the said Wisconsin 
Central Company as the free and voluntary act of said Company, 
for the uses and purposes therein set forth. 

Given under my hand and notarial seal this 16th day of May, A. 
D. 1890. 

L. R. Kidder, 

Notary Public , New York County and State • 


L. R. Kidder, 
[Notary Public.] 
New York County. 


State of New York, ) 

City and County of New York, j ss * 

I, L. R. Kidder, a Notary Public, in and for the City and County 
of New York, in the State of New York, do hereby certify that 
Edwin H. Abbot and William H. Sterling, personally known to 
me to be the President and Acting Secretary, respectively, of the 
TV isconsin Central Railroad Company, appeared before me this 
day in person and acknowledged that they executed the foregoing 
instrument for and on behalf of the said Wisconsin Central Rail¬ 
road Company, as the free and voluntary act of said Company, for 
the uses and purposes therein set forth. 

Given under my hand and notarial seal this 16th day of May, A. 
D. 1890. 


L. R. Kidder, 
[Notary Public.] 
New York County. 


L. R. Kidder, 

Notary Public , New York County and State . 









PART III 


DEEDS, LEASES, ETC. 


113 


Lease, Wis. Cent. Co. to North. Pac. R. R. Co. 


State of New York,, 

City and County of New York. 


ss. 


I, L. R. Kidder, a Notary Public, in and for tlie City and 
County of New York, in the State of New York, do hereby certify 
that Thomas F. Oakes and George II. Earl, personally known to 
me to be the President and Assistant Secretary, respectively, of 
the Northern Pacific Railroad Company, appeared before me this 
day in person and acknowledged that they executed the foregoing 
instrument for and on behalf of the said Northern Pacific Railroad 
Company, as the free and voluntary act of said Company, for the 
uses and purposes therein set forth. 

Given under my hand and notarial seal this 16th day of May, 
A. 1). 1890. 

L. R. Kidder, L. R. Kidder, 

[Notary Public.] Notary Public , New York County and State. 

New York County. 


Recorded in the office of the Secretary of State of \\ isconsin, 
May 29th, 1890. 

Recorded in the office of the Secretary of State of Minnesota, 
May 31st, 1890. 










114 


DEEDS, LEASES, ETC. 


PART III. 


AGREEMENT 


Between the Grant Land Association and the Chicago and 

Southwestern Railroad Company. 


Articles of Agreement, made and entered into this Twentieth 
day of March, A. D. 1891, by and between E. T. Jeffery and D. 
B. Lyman, trustees of the Grant Land Association, party of the 
first part, and the Chicago and Southwestern Railroad Company, a 
corporation organized and existing under the laws of the State of 
Illinois, party of the second part, witnesseth: 

That in consideration of the mutual covenants and agreements 
hereinafter set forth, it is hereby agreed by and between the par¬ 
ties hereto as follows : 

Section 1 . The party of the first part hereby grants to the 
party of the second part the right to construct, and during 
life of said railway, maintain and operate a railroad with one or 
two tracks, from east to west, over, along and upon that part of 
Section Twenty-one (21), Township Thirty-nine (39), North Range 
Fourteen (14), East of the Third Principal Meridian, shown and 
colored red on the plat hereto annexed, and made a part of this 
contract. 

Sec. 2. At any time hereafter, upon the written request of 
said party of the first part, said party of the second part shall per¬ 
mit any railroad company that may construct a line on West 
Fifty-fourth street in said section twenty-one, to cross with not to 
exceed two tracks, the track or tracks of the party of the second 
part; said crossing to lie made and maintained at the joint expense 
of the said railroad companies, and said party of the second part 
shall have the right to cross with its tracks the tracks of any rail¬ 
road that may be constructed prior to the construction of the rail¬ 
road of the party of the second part in said section under an ease¬ 
ment from said party of the first part, such crossings to be made 
and maintained at the joint expense of the railroad companies in- 






PART III. 


DEEDS, LEASES, ETC. 


115 


Agreement, Grant Land Assn, and Ch. A S. W. R. R. Co. 

terested therein. Said party of the first part reserves the right 
for the railroad hereafter to be constructed on Fifty-fourth street 
to connect its tracks with the tracks of the party of the second 
part, at some convenient point in said section twenty-one, and also 
the right to permit the Grant Locomotive Works to connect its 
tracks with said tracks of the party of the second part, and with 
said railroad on 54th street; and the party of the second part ex¬ 
pressly agrees to conform to and be governed by said reservations 
and join in making said connections by putting in and maintain¬ 
ing frogs and switches in the main tracks of said second party. 

Sec. 3. The party of the second part agrees that it will not per¬ 
mit its track or tracks in said Section Twenty-one to be used for 
the storage of cars. 

Sec. 4 , The party of the second part shall construct at least 
one of its tracks through said Section Twenty-one on or before the 
first day of July, A. D., 1891. 

Sec. 5. Said party of the second part shall construct and oper¬ 
ate its road in accordance with the terms and provisions now in 
force of an ordinance entitled “An Ordinance relating to the Chi¬ 
cago and Southwestern Railroad Company”, passed August 2nd, 
A. D., 1890, and the amendment thereto passed December 6th, 

1890. Certified copies attached hereto and forming a part hereof. 

Sec. 6. The party of the first part hereby grant to the party of 

the second part the right to construct and, during life of said rail¬ 
way, maintain depots upon the property shown on the plat hereto 
annexed and marked “Depot Grounds” and said party of the second 
part agrees that it will on or before the first day of August, A. D., 

1891, erect a passenger station on the grounds located at or near 
Robinson Avenue, as shown on said plat and will on or before the 
first day of May, A. D., 1893, erect a passenger station on the 
oTounds at or near Central Avenue; said stations to cost not less 
than fifteen hundred dollars ($1,500) each. 

Sec. 7 . Said party of the first part, for themselves, their suc¬ 
cessors and assigns, hereby release the said party of the second 
part, its successors and assigns, from all damages occasioned by the 




DEEDS, LEASES, ETC. 


PART III. 


Ill) 


Agreement, Grant Land Assn, and Ch. & S. W. R. R. Co. 

construction and operations of the railroad of said party of the 
second part. 

Sec. 8. The said party of the first part reserves the right to 
cross the said tracks with sewers, water pipes and other subterran¬ 
ean conduits for electric cables and other purposes, and reserves the 
right to extend and open streets across said tracks, and the said 
party of the second part agrees to make and maintain good and 
sufficient street crossings and sidewalks across its tracks as may 
from time to time be required by the party of the first part, their 
successors and assigns. 

O 

The easement hereby granted is made upon the express agreement 
and understanding by the party of the second part, its successors and 
assigns, that it will construct, operate and maintain the said railroad 
and perform all of the conditions and provisions herein contained 
on its part to be performed as herein provided, and that any fail¬ 
ure on its part so to do shall forfeit all of its rights under this 
contract. 

In Witness Whereof, the party of the first part have hereunto 
set their hands and seals, and the said party of the second part 
has caused these presents to be executed by its President and the 
corporate seal to be hereunto attached and attested by its Secretary 
the day and year first above written. 

E. T. Jeffery, [seal.] 
David B. Lyman, [seal.] 
Trustees Grant Land Association. 

Chicago and Southwestern Railroad Company, 

Alex. H. Peters, 

[seal.] President. 

Attest: 

William E. Duncomke, 

Secretary. 

Recorded in the office of the Recorder of Cook County, Illinois, 
August 31st, 1891. * * For ordinances attached to and re¬ 

corded with this agreement see Part n, pages 99 and 106. 










Part IV. 


MORTGAGES. 






MORTGAGES. 


MORTGAGE. 

Chicago and Great Western Railroad Company. 

[March 1st, 1873.]* 

This Indenture, made and entered into this first day of March, 
in the year of our Lord One Thousand Eight Hundred and Seventy- 
three (A. D. 1873), by and between “ The Chicago and Great 
Western Rail Road Company,” a body corporate and politic, ex¬ 
isting under and by virtue of the laws of the State of Illinois, 
party of the first part, and “The Farmers Loan and Trust Com- 
pany,” a corporation organized under the laws of the State of 
New York, and having its office and place of business in the city 
of New York, party of the second part. 

Witnesseth, Whereas, at a meeting of the board of directors 
of said “ The Chicago and Great Western Rail Road Company,” 
held at Chicago in the State of Illinois, on the first day of March 
in the year of our Lord One Thousand Eight Hundred and Seventy- 
three (A. D. 1873), the said board by resolution duly passed and 
entered upon the record of its proceedings determined to issue the 
bonds of said Company to the aggregate amount of eight millions 
of dollars, the same to be used or sold, and the proceeds thereof 
to aid in the construction and equipment of the Railroad of said 
Company, upon the route selected and to be selected therefor, and 
within the limits prescribed by its charter. Said Bonds to be 
numbered consecutively from One to Ten Thousand Three Hund- 
red, those numbered from One to Six Thousand Five Hundred, 


* No resolution of the stockholders, authorizing or approving this mortgage, was 
filed in accordance with the provisions of the statute. In relation to the invalidity 
of the bonds issued under this mortgage, see Chicago and Great Western Railroad 
Land Company et al. v. Walter L. Peck et al., 112 Ill., 408 The City of Chicago et al. v. 
Diright F. Cameron et al., 120 Ill., 447, and Joshua C. Sanders v. Walter L. Peck etal., 
131 Ill., 407. 





MORTGAGES. 


PART IV. 


•> 


Chicago & Great Western K. R. Co., 1873. 

both inclusive, to be for the sum of One Thousand Dollars each, 
those numbered from Six Thousand Five Hundred and one to Nine 
Thousand Three Hundred, both inclusive, to be for the sum of 
Five Hundred Dollars each, and those numbered from Nine Thous¬ 
and Three Hundred and one to Ten Thousand Three Hundred, 
both inclusive, to be for the sum of One Hundred Dollars each, all 
of said Bonds to bear date on the first day of March in the year of 
our Lord One Thousand Eight Hundred and Seventy-three, and to 
become due and payable on the first day of March in the year of 
our Lord One Thousand Nine Hundred and Three, with interest 
payable semi-annually, at the rate of Seven per centum per annum, 
according to the tenor of certain interest notes or coupons to be there¬ 
to attached, both principal and interest to be payable in gold coin of 
the United States of America, either in the city of New York or 
in the city of London, England, at the option of the holders of 
the said Bonds, and agreed upon and adopted the following as the 
form of the said Bonds of the denomination of One Thousand Dol¬ 
lars (the other Bonds mentioned above to be of like tenor and date 
and of the denomination of Five Hundred Dollars and One Hund¬ 
red Dollars in the proportions hereinbefore provided) that is to say: 


THE UNITED STATES OF AMERICA. 

State of Illinois. 

“ The Chicago and Great Western Railroad Company.” First 
Mortgage, Seven per cent. Gold Sinking Fund Bond. 

Number. $1,000. 

Know all men by these presents that “ The Chicago and Great 
Western Railroad Company” is indebted to “ The Farmers Loan 
and Trust Company” of the city of New York, trustee, or the 
bearer hereof, in the sum” of One Thousand Dollars in Gold coin of 
the United States of America, which sum of One Thousand Dollars 
the said “ The Chicago and Great Western Railroad Company” 
promises to pay to said Trustee or to the bearer hereof in Gold coin 
of the United States of America on the first day of March, in the year 
of our Lord, One Thousand Nine Hundred and Three (1903) at its 
agency either in the city of New York, United States of America, or 




PART IY. 


MORTGAGES. 


Chicago & Great Western R. R. Co., 1873. 


in the city of London, England, at the option of the holder hereof, 
with interest thereon, at the rate of Seven per cent, per annum. 
Also payable in like coin, free of United States Government tax at 
either of the said agencies semi-annually on the first day of March, 
and September of each year on the surrender of the annexed cou¬ 
pons as they severally become due for such interest. 

This Bond is one of a series of Bonds issued and to be issued to 
an aggregate amount not exceeding Eight Millions of Dollars in 
Six Thousand Five Hundred Bonds of One Thousand Dollars each, 
numbered from One to Six Thousand Five Hundred, inclusive, Two 
Thousand Eight Hundred Bonds of Five Hundred Dollars each, 
numbered from Six Thousand Five hundred and One to Nine Thou¬ 
sand Three Hundred, inclusive, and One Thousand Bonds of One 
Hundred Dollars each, numbered from Nine Thousand Three Hun¬ 
dred and One to Ten Thousand Three Hundred, inclusive, and is 
secured by a first Mortgage Deed of Trust, dated the first day of 
March, Eighteen Hundred and Seventy-three, duly executed and 
delivered by “ The Chicago and Great Western Railroad Com¬ 
pany” to said “ Farmers Loan and Trust Company,” Trustee, and 
conveying to it and its successors in the trust, the Railroad of the 
said Company, its land, rolling stock, tolls, revenues and present 
and future property and effects, franchises and appurtenances, and 
in which mortgage provision is made for a sinking fund to pay said 
Bonds and the interest thereon as they become due. 

This Bond is also entitled to the benefits and security of a special 
sinking fund derived from sales of property at Riverside, Illinois, 
in the manner provided by a certain Mortgage Deed of Trust, dated 
the first day of March, Eighteen Hundred and Seventy-three, duly 
executed and delivered by “ The Chicago and Great Western RaiL 
road Land Company ” to John INI. Jewett, of the city of Chicago, 
State of Illinois, Trustee. 

This Bond and all the rights and benefits arising therefrom shall 
pass by delivery and may be registered in the Company’s books at 
its agency in the city of New York, or in the city of London, such 
registry being noted on the Bond by the company’s transfer officer 
or agent. After such registry no transfer shall be valid unless made 
in the Company’s books by the person then registered as the owner 
thereof, or his or her legal representative, which transfer shall also 
be noted on the Bond; such registry will not restrain or change the 
negotiability of the coupons by mere delivery, but the holder of 
this Bond desiring the same to be registered may detach and sur¬ 
render the coupons to be canceled and have such cancellation noted 
on the Bond in which case the interest will be payable only to the 
person registered as the owner of this Bond at the time such inter- 




4 


MORTGAGES 


PART IV. 


Chicago & Great Western R. R. Co., 1873. 

est becomes clue after registration as herein provided, and before 
the coupons shall be detached, the person in whose name this Bond 
is registered, may transfer the same on the Company’s books to the 
bearer, and thereafter it shall pass by delivery but shall continue 
subject to successive registrations and transfers to bearer as afore¬ 
said at the option of each holder. 

This Bond shall not become obligatory upon said Company until 
the certificate endorsed hereon is signed by the Trustee. 

In Testimony "Whereof, “The Chicago and Great "Western Rail¬ 
road Company ” has caused its corporate seal to be hereto affixed 
at its office in the city of Chicago, in the State of Illinois, and the 
same to be attested by the signatures of its President and Secretary 
and has also caused the coupons hereto attached to be signed by its 
secretary on this first day of March in the year of our Lord, One 
Thousand Eight Hundred and Seventy-three. 

[seal.] President. 


Secretary. 


Form of Coupon. 

The Chicago and Great "Western Railroad Company will pay to 
the bearer at its agency, either in the city of New York, United 

States, or in the city of London, England, on the-day of- 

A. D.- 

Thirty-Five Dollars 

in United States Gold coin, being Six months interest on Bond 
No.- 

$35.00. Coupon No.- 

Secretary. 


Trustee’s Certificate. 


“ The Farmers Loan and Trust Company” of the city of New 
York hereby certifies that the within Bond is one of the series of 
Bonds secured by the Mortgage Deed of Trust executed by “ The 
Chicago and Great "Western Railroad Company” mentioned there¬ 
in and delivered to it as Trustee, which has been duly recorded in 

' »/ 

the proper counties in the State of Illinois. 

The Farmers Loan and Trust Company, 

Trustee. 



President. 














PART IV. 


MORTGAGES. 


5 


Chicago & Great Western R. E. Co., 1873. 

And M liereas, it was further determined by the board of direct¬ 
ors of said “ The Chicago and Great Western Railroad Company” 
at their meeting aforesaid that the said Bonds so to be issued as 
aforesaid should be secured by a first Mortgage Deed of Trust to 
“ The Farmer’s Loan and Trust Company,” of New York, upon all 
the rights, privileges, franchises, property and effects of said Com¬ 
pany now held and owned or hereafter to be acquired by it, and 
upon the tolls, income, rents, issues and profits of said Company, 
with powers and conditions usual in such case, to be inserted in 
said Deed and further determined as aforesaid, that a sinking* fund 
for the redemption of said Bonds should be created by setting 
aside for that purpose on the first day of March, in the year of our 
Lord One Thousand, Eight Hundred and Seventy-Eight, and an¬ 
nually thereafter, five per centum of the gross earnings of the Rail¬ 
road of said Company and authorized the President and Secretary 
of said Company to execute said Bonds and Deed of Trust on be¬ 
half of said Company, and to attach thereto its corporate seal. 

Now, Therefore, this Indenture Witnesseth, that for the purpose 
of securing the payment of said Bonds and interest thereon afore¬ 
said and for the further consideration of One Dollar in hand paid 
by the said party of the second part to the said party of the first 
part, the receipt of which is hereby acknowledged, the said “ The 
Chicago and Great Western Railroad Company ” party of the first 
part, hath granted, bargained and sold, and doth by these presents 
grant, bargain, sell and convey unto the said party of the second 
part, all the property, right, privileges and franchises which the 

i 

said ‘ ‘ The Chicago and Great Western Railroad Company ” now 
owns, or which it may hereafter acquire, that is to say, The Rail¬ 
road of said Company as the same shall be constructed from the 
city of Chicago, in the County of Cook, and State of Illinois, to 
points on the Mississippi River within the Counties of Rock Island 
and Hancock in said State, including the right of way and lands 
occupied thereby and also the superstructure and tracks placed 
thereon, and all rails, ties and other material upon the same, and 
all culverts, viaducts, bridges, stations and station grounds, 






MORTGAGES. 


PART IV. 


fi 


Chicago & Great Western R. R. Co., 1873. 


machine shops and the grounds upon which the same may he lo¬ 
cated, and the machinery and appurtenances thereof. Also all 
locomotives, tenders, cars and other Rolling Stock or equipment of 
said Railroad and all machinery, tools, implements, fuel and mate¬ 
rials for constructing, operating, repairing or replacing said Rail¬ 
road or any part thereof, or any of its equipment or appurtenances 
whether now held or at any time hereafter acquired, all of which 
things are hereby declared to be fixtures and appurtenances of said 
Railroad and to be included in and pass by these presents. Also 
all franchises, connected with or relating* to said Railroad or the 
construction, maintenance, or use thereof, now held or hereafter to 
be acquired by said party of the first part, and all corporate or 
other franchises, rights, powers and privileges which are now or 
may hereafter be held or exercised by the said party of the first 
part and all property, personal or mixed, used on the line of said 
Railroad in constructing, repairing, or operating the same together 
with all and singular the tenements, hereditaments and appurte¬ 
nances thereunto belonging or in anywise appertaining, and the re¬ 
versions, remainders, tolls, incomes, rents, issues and profits of the 
said Railroad and its appurtenances, and all the estate, right, title, 
interest, property, possession, claim and demand, as well in law as 
in equity, of the said party of the first part of, in and to the same 
and every part thereof with the appurtenances. 

To have and to hold the said premises and every part thereof 
unto the said party of the second part and to its successor and suc¬ 
cessors and assigns forever. In trust, however, for the use and 


benefit of the holders of said Bonds and upon the following condi¬ 
tions, covenants and agreements and for the purposes herein ex¬ 


pressed, that is to say: 

First. Until default shall be made in the payment of the inter¬ 
est upon said bonds or of some part thereof or until default shall 
lie made in some act or thing herein required to be done by the 
said “ The Chicago and Great Western Railroad Company” the 
said Railroad Company, party of the first part, shall be permitted 
and suffered to possess, operate, maintain and enjoy said Railroad 





PART IV. 


MORTGAGES. 


i 


Chicago & Great Western R. R. Co., 1873. 

with its equipment and appurtenances and to take and use the tolls, 
income, rents, issues and profits thereof during the time the bonds 
secured by this Mortgage Deed of Trust shall run before maturity. 

Second. In case any default shall be made in the payment of 
any interest on any of said Bonds issued,or to be issued, according 
to the tenor thereof, or in case default shall be made in any of the 
requirements herein to be done or kept by the said Railroad Com¬ 
pany, party of the first part, and such default shall continue for 
the period of Three months, it shall then be lawful for the said 
Trustee, and on request of ten or more of the holders of said 
Bonds, representing in amount One Million Dollars thereof, it 
shall be its duty itself, or by its attorneys or agents, with or with¬ 
out process of law, (full power and authority being hereby given 
for that purpose) to enter into and upon all and singular the 
premises hereby conveyed or intended so to be, and each and every 
part thereof, and to have, hold and use the same for the benefits of 
the holders of said Bonds, issued under these presents to pay the 
interest thereon, operating by itself or by its superintendent, man¬ 
agers, receivers, or servants or their attorneys or agents the said 
Railroad, and conducting the business thereof, and making from 
time to time all repairs and replacements and alterations, additions 
and improvements thereto, as may seem to them to be judicious 
and proper for the best interest of all parties concerned, and to 
collect and receive all tolls, freights, incomes, rents, issues and 
profits of the same and every part thereof; and from the proceeds of 
such receipts, after paying all the expenses and charges of oper¬ 
ating the said Railroad, and conducting its business, and all of the 
said repairs and replacements, alterations and improvements, and 
all taxes and assessments, said trustee shall pay the interest due 
and unpaid on said Bonds, in the order in which such interest be¬ 
came due and payable, ratably to the persons entitled thereto; and 
after paying all interest on said Bonds, of which default was made 
by said Railroad Company, and all interest which shall fall due 
on said Bonds thereafter, so that no interest shall remain unpaid, 
and no default shall exist in anything herein required to be done 






8 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1873. 

or kept by said Railroad Company, said party of the first part, 
then the Trustee shall restore the possession of the property, 
Railroad, franchises and appurtenances to the said Railroad Com¬ 
pany, and its successors, as often thereafter as said Company shall 
so make default in the payment of interest or in anything to be done 
or kept by said Company, on such further request of said Bond¬ 
holders in number and amount as herein stated, said Trustee shall 
take possession of all the property and effects hereby mortgaged 
or intended so to be, and operate said Railroad and property as 
hereinbefore stated and pay the interest in default of payment as 
provided. 

And it is further stipulated and provided for the purpose of giv¬ 
ing an additional and further security and guarantee to insure 
prompt payment of the interest of said Bonds, as it shall mature 
and become due and payable according to the tenor of said bonds, 
as follows, viz. : 

That in case default shall be made at any time in the payment 
of any interest on any of said Bonds issued as aforesaid, and se¬ 
cured by these presents, then the holders of said Bonds, or any ten 
or more of them, acting for themselves and others representing in 
the aggregate One Million of Dollars of said Bonds, shall have the 
right at any time after Six months have elapsed after such default 
shall have been made in the payment of interest, and such default 
then existing, to elect and declare the principal of all of said Bonds 
due and payable, and that then and in such case the principal of 
said Bonds shall then be deemed due and payable to all intents and 
purposes, the same as though said Bonds were all due and payable 
by the terms thereof, anything contained in said Bonds or herein 
to the contrary notwithstanding, and that in such case, or in case 
default shall be made in the payment of the principal of said Bonds 
issued, or to be issued, under these presents, when the same shall 
become due and payable according to the terms thereof, at the re¬ 
quest of said Bondholders to the said number and amount, the said 
Trustee shall immediately elect and declare the principal of all of 
said Bonds to be then due and payable, and shall foreclose this 





PART IV. 


MORTGAGES. 


9 


Chicago & Great Western R. R. Co., 1873. 

Mortgage Deed of Trust for the principal of all said Bonds issued 
as aforesaid and secured by these presents, and the interest unpaid 
thereon, and enforce payment thereof as speedily as possible in¬ 
stead of operating said Railroad and conducting the business thereof 
as herein provided for in case of default being made in the payment 
of interest, and such default continued for a period of three months. 

And the said “ The Chicago and Great Western Railroad Com- 
pany,” party of the first part, in such case doth hereby irrevocably 
authorize and empower the said Trustee on such request to make 
sale of all and singular the property hereby conveyed or intended 
to be conveyed, or so much as may be necessary to pay off the said 
Bonds issued under these presents, and the accrued interest thereon 
then unpaid. Such sale shall be at public auction at the north 
door of the Court House in the city of Chicago, Illinois, or at such 
other place as the said Trustee may select, to the highest bidder 
or bidders, first giving notice by publication in one or more lead¬ 
ing newspapers of general circulation in each of the cities of Chi¬ 
cago and New York, for ninety consecutive days before the day of 
sale, setting forth the time and place and terms of such sale and 
the property to be sold, and on such sale said Trustee may con¬ 
vey to the purchaser or purchasers, by good and sufficient convey¬ 
ance, all the property so sold, which sale and conveyance shall be 
without redemption and without any right or claim of the party of 
the first part to the benefit of any valuation or appraisement laws, 
and su ch sale and conveyance shall be a perpetual bar to all claims 
or right of said party of the first part, of and to said property 
and every part thereof, both in law and equity, and to all parties 
claiming from or under the said party of the first part forever, and 
such sale and conveyance shall vest in the purchaser or purchasers, 
his or their heirs and assigns, full and absolute title to all the 
property so sold forever. The said party of the first part, to that 
end hereby waiving all right and equity of redemption, then exist¬ 
ing under the laws of the State of Illinois and also herebv waiv¬ 
ing all rights whatsoever under appraisal and valuation laws then 
existing in said State. 







10 


MORTGAGES. 


PART IV. 


Chicago & Great Western K. R. Co., 1873. 


It is further provided and by and on the part of the said party of 
the first part it is agreed, that in case said Trustee shall deem it ad¬ 
visable for the interest of the Bondholders to resort to judicial pro¬ 
ceedings to foreclose this mortgage, rather than to advertise and 
sell as herein provided, then and in that case said Trustee may pro¬ 
ceed in any court, State or Federal, having jurisdiction in the State 
of Illinois, to foreclose the same and the equity of redemption of 
the party of the first part in said property and enforce a sale there¬ 
of by judicial process to pay and satisfy the whole amount of said 
Bonds with accrued interest thereon, in the same manner as though 
said Bonds were all due and payable by the terms thereof, which 
sale shall be absolute and without redemption and shall be a per¬ 
petual bar to all right or claim whatever of said party of the first 
part of, in and to said property, and to every part thereof. 

The said party of the first part doth hereby waive all right and 
equity of redemption existing under the laws of the State of Illi¬ 
nois, and also all right whatever under appraisal or valuation laws 
then existing in said State, to the end, that full, absolute and per¬ 
fect title may be made to the purchaser or purchasers at such sale 
in and to said property so sold, under judicial proceedings as pro¬ 
vided for herein. 

Third. The said “The Chicago and Great Western Railroad 
Company shall from time to time and at all times hereafter and 
as often as requested by said trustee, execute, acknowledge and de¬ 
liver all such deeds, conveyances and assurances in the law for the 
better assuring unto the said Trustee upon the Trusts herein ex¬ 
pressed the said Railroad, the equipments and appurtenances here¬ 
inbefore mentioned and all other property and effects whatsoever, 
which may at any time hereafter be acquired for use in connection 
with the said Railroad, or any part thereof, and all franchises now 
held or hereafter acquired by said Railroad Company, as by the 
Trustee, or by its counsel shall be reasonable, advised, devised or 
required. 

In case of any sale of the property uiider the trust, as herein 
pi o\ ided and all the outstanding Bonds, issued under the provisions 




. PART IV. 


MORTGAGES. 


11 


Chicago & Great Western R. R. Co., 1873. 

hereof shall not be represented at such sale, then said Trustee shall 
represent such of the Bondholders as are not otherwise represented 
so that no preference or advantage can he gained by one or more 
of the Bondholders over other holders of said Bonds on such sale 
of the property under these presents. And at any such sale under 
these presents, the said Trustee, party of the second part may at 
the request of a majority in value of the said Bondholders, bid in 
or purchase the said property for the benefit of said Bondholders, 
in proportion to their respective interests. 

Fourth. The Board of Directors of “The Chicago and Great 
Western Railroad Company ” may from time to time, by resolution, 
require said Trustee, by way of release or otherwise, to discharge 
from the operation of these presents any lands acquired or held for 
the purpose of stations, depots, shops or other buildings or prem¬ 
ises connected therewith, or which may be held for the supply of 
fuel, gravel, or other materials, or any lands which may have be¬ 
come disused by reason of a deviation in the said line, or of a change 
of the location of any station-house, depot, shops or other building 
or premises, or any lands which the said Board of Directors may 
deem it expedient to disuse or abandon, by reason of such deviation 
or change, and which lands respectively shall by resolution of said 
Board be declared to be unnecessary for the purpose and business of 
said company, and in every such case the said Trustee, when so re¬ 
quired, shall execute such releases and discharges, accordingly; 
and it is hereby declared, that any lands which may be acquired in 
substitution for lands so released or discharged, as well as any lands 
subsequently acquired by said company for the use or convenience 
of its Railroad, or in connection therewith, shall be deemed to come 
within the operation of these presents, and to be included therein, 
and shall be conveyed to and held by said trustee upon the trusts 
of these presents; and it is further declared, that said Company may 
from time to time sell or dispose of any part of the equipment, 
rolling-stock, machinery, implements or materials at any time held 
or acquired for the use or purposes of said Railroad, as may by res¬ 
olution of the Board of Directors be declared to be no longer useful 




12 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1873. 


or necessary for the said company’s business, and any new or sub¬ 
sequently acquired equipments, rolling-stock, machinery, imple¬ 
ments or materials, shall come within and be subject to these pres¬ 
ents. 


Fifth. If the said “ The Chicago and Great Western Railroad 
Company ” shall well and truly pay the Bonds issued under these 
presents required to be paid by said company, and all interest 
thereon, according to the tenor and effect of said Bonds, and shall 
well and truly keep and perform all things herein required to be 
kept or performed by the said company according to the true in¬ 
tent and meaning of these presents then in that case, the estate, 
right, title and interest of the said party of the second part and of 
its successors in the trust hereby created, and all the equity of 
Bondholders in said property, shall cease and determine and be¬ 
come void without any release by said Trustee, but it shall be the 
duty of said Trustee to re-convey the property to the party of the 
first part by Deed of release, otherwise these presents shall be and 
remain in full force and virtue. 

Sixth. It is mutually agreed by and between the parties hereto 
that the word “ Trustee ” as used in these presents shall be con¬ 
strued to mean the Trustee for the time being:. 

And it is mutually agreed by and between the parties hereto, as 
a condition on which the party of the second part has assented to 


these presents, that the said Trustee and its successors in said trust 
shall only be accountable for reasonable diligence in the mana^e- 


ment thereof, and shall not be responsible for the acts of any agent 
employed by them when such agent shall have been employed 
with reasonable discretion, and the said Trustee and its successors 
shall be entitled to just compensation for all services which they 
may hereafter render in said trust to be paid by the said Railroad 


Company, and that the said Trustee or any successor may resign 
and discharge itself of and from the trust created by these presents, 


by notice in writing to “ The Chicago 
Company,” ninety days before such 


and Great Western Railroad 
resignation shall take effect, 





PART IV. MORTGAGES. 13 

Chicago & Great Western R. R. Co., 1873. 

or sucli shorter notice as they may accept as adequate notice, and 
that the said Trustee, and its successor or successors, may be re¬ 
moved by the vote of the majority in interest of the holders of the 
aforesaid Bonds then outstanding, the said vote being* had at a 
meeting called by the holders of at least Five Hundred Thousand 
Dollars of said Bonds by advertisement published for thirty days 
in a daily newspaper of large circulation in each of the cities of 
Chicago and New York, respectively, and at said meeting said 
Bondholders may vote in person or by proxy, and their said vote 
shall be attested by an instrument under the hands and seals of the 
persons so voting. And in case a vacancy shall occur in said Trus¬ 
teeship, by resignation or otherwise, the same may be filled by said 
Bondholders at any time within ninety days after the same shall 
occur at a meeting called by the said number of Bondholders and 
in the same manner as provided above for the removal of a Trustee, 
and the proceedings at such meeting, and the attestation thereof, 
shall be the same as above provided in case of a meeting for the 
removal of Trustee, and in case said vacancy is not so filled within 
said ninety days, then the Board of Directors of said Railroad 
Company may apply to any court, State or Federal, having chan¬ 
cery jurisdiction in the State of Illinois, for the appointment of a 
new Trustee, and said Trustee, so appointed, shall have all the 
right and title, and be clothed with all the power, and subject to 
all the duties herein mentioned, in the same manner and to the 
same extent as if named in this mortgage as such Trustee. 

Seventh . It is further provided and agreed on the part of the 
party of the first part, that in case the said Trustee shall neglect 
or refuse to perform any duty under this Trust as to taking pos¬ 
session of the property and making sale thereof, as herein provided, 
or to foreclose this Mortgage Deed of Trust in any court having 
jurisdiction thereof in said State as herein provided, on demand of 
ten or more of said Bondholders as herein provided, then in such 
case of neglect or refusal, said Bondholders or any ten or more of 
them holding an amount in the aggregate of One Million of Dol- 








14 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1873. 

lars shall have the right and power irrevocable to institute such 
proceedings in any court, State or Federal, having jurisdiction of 
the subject-matter in the State of Illinois in their names for them¬ 
selves and all other holders of said Bonds issued under and secured 
by these presents, as may or will protect the holders of said Bonds, 
and insure a decree of foreclosure and sale of the property, and a 
closing of said trust to pay and satisfy the interest due and un¬ 
paid on said Bonds or the principal thereon to the full protection 
of the holders of said Bonds in all things under these presents, 
making said Trustee parties defendant and charging such neglect 
or refusal. 

And it is further agreed that the holders of any of said bonds, af¬ 
ter resignation thereof, as provided in said bonds, may from time to 
time transfer the same on the books of the company, as provided 
in said bonds. 

Eighth. The said “The Chicago and Great Western Railroad 
Company,” party of the first part, hereby covenants and agrees that 
said Company shall and will pay the principal and interest of said 
Bonds to the several holders and owners thereof, when and as the 
same shall become due and payable, according to the tenor and 
effect thereof, and shall and will assume and pay all taxes that may 
be assessed upon said Bonds from time to time by the Government 
of the United States, and also all taxes assessed upon said mort¬ 
gaged property, or any part thereof, both general and special, in 
the State through which said Railroad extends, so that said prop¬ 
erty mortgaged shall be free from all liens or charges for taxes or 
assessments in said State, of whatever kind or nature. Said Bonds 
and the coupons attached shall be payable at the option of the 
holder, at the agency of the company in New York or in London, 
England. 

Ninth. The said “ The Chicago and Great Western Railroad 
Company ” party of the first part, hereby covenants and agrees to 
and with the said party of the second part and its successor and 
successors that said Company shall and will establish a sinking 






PART IV. 


MORTGAGES. 


15 


Chicago & Great Western R. R. Co., 1873. 

fund for the redemption of said Bonds which shall be used for the 
redemption and retiring of said Bonds and for no other purpose. 
That said Company will commence said sinking fund on the first 
day of March in the year of our Lord One Thousand Eight Hun¬ 
dred and Seventy-eight by paying into the same out of the gross 
earnings of said Company’s Railroad Five per centum of the gross 
earnings of said Road for the next preceding year, and that 
on the first day of March in the year One Thousand Eight 
Hundred and Seventy-nine, and annually thereafter it, will in like 
manner pay into said sinking fund a like per centage of its gross 
earnings for the preceding year until all the Bonds aforesaid and 
interest thereon shall he fully paid and canceled, and that the 
moneys so set apart and appropriated for the redemption of said 
Bonds shall be faithfully applied to the purchase of said Bonds at 
the lowest rates for which the same can he procured, not exceeding 
however, the par value thereof and interest accrued thereon, and 
the better to accomplish this purpose the Board of Directors of said 
Company will, by public advertisement, solicit offers of said Bonds 
to the amount of the sum set apart and appropriated to said sink¬ 
ing fund during each year. But if said Bonds cannot be purchased 
at par the Board of Directors will be at liberty to purchase said 
Bonds at their market value, or to invest the amount thus appro¬ 
priated in any other way, which in their judgment will he most 
for the interest of said sinking fund. 

The Bonds of said Company purchased with said sinking fund, 
together with the coupons thereto attached shall immediately on 
the purchase thereof be canceled. 

In Testimony Whereof, the said “ The Chicago and Great West¬ 
ern Railroad Company,” party of the first part, hath caused these 
presents to be signed by its president and secretary and its corpo¬ 
rate seal to he hereto attached and the said “ Farmers Loan and 
Trust Company,” party of the second part has in like manner 
caused these presents to be signed by its President and Secretary 
and its corporate seal to be hereto attached to signify its accept- 







16 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1873. 


ance of the said Trust, this first day of March in the year of our 
Lord One Thousand Eight Hundred and Seventy-three. 

The Chicago and Great Western Railroad Company. 
[Corporate Seal.] By E. Follett Bull, 

President. 
W. H. Park, 

Secretary. 


[Corporate Seal.] 
Attest : 


The Farmers Loan and Trust Company, 

By R. G. Ralston, 

Pres. 


Geo. P. Hatch, 

Sec. 


State of Illinois, 

Cook County, 

Town of South Chicago. 

I, George E. Gardner, a Notary Public in and for said town in 
the county and state aforesaid, do hereby certify that E. Follett 
Bull, President of “ The Chicago and Great Western Railroad 
Company,” and William H. Park, Secretary thereof, both person¬ 
ally known to me to be the same persons whose names are sub¬ 
scribed to the foregoing instrument of writing, appeared before me 
this day in person and acknowledged that they as such officers, 
freely acting for and on behalf and in the name of said Company, 
did affix the corporate seal of said Company to said instrument of 
writing and sign the same in attestation thereof, and deliver the 
same as the free act and deed of said Company for the uses and 
purposes therein set forth. 

In A\ itness Whereof, I have hereunto set my hand and notarial seal 
this first day of March, A. D. 1873. 

George E. Gardner, 

Notary Public. 



[Notarial Seal.] 




PART IV. 


MORTGAGES. 


17 


Chicago & Great Western It. It. Co., 1873. 


State of New York, 

City and County of New York. 


ss. 


I, Edwin F. Corey, Jr., a Notary Public of the State of New 
York, duly commissioned and sworn, and dwelling in the city of 
New York, do hereby certify that on the day of the date hereof, 
before me personally appeared Rosewell G. Ralston, to me known 
to be the President of the Farmers Loan and Trust Company, who 
being by me duly sworn, did depose and say, that he resides in the 
city of New York, that the seal which is affixed to the within in¬ 
strument is the corporate seal of said company and was thereto 
affixed by their authority, and that he subscribed his name thereto 
as President by like authority. 

In Witness Whereof, I have hereunto set my hand and affixed 
my notarial seal this seventh day of March, A. D. 1873. 

Edavin E. Corey, Jun., 
Notary Public, County of New York. 

[notarial seal.] 


Recorded in Cook County, Illinois, March 11, 1873. 

“ “ Bureau County, Illinois, March 11, 1873. 

“ “Will County, Illinois, March 12, 1873. 

“ “ Knox County, Illinois, March 12, 1873. 

“ “ Rock Island County, Illinois, March 12, 1873. 

“ “ McDonough County, Illinois, March 12, 1873. 

“ “ DuPage County, Illinois, March 12, 1873. 

“ “ Kendall County, Illinois, March 13, 1873. 

“ “ Warren County, Illinois, March 13, 1873 

“ “ Stark County, Illinois, March 13, 1873. 

“ “ LaSalle County, Illinois, March 14, 1873. 

“ “ Hancock County, Illinois, March 14, 1873. 

“ “ Henry County, Illinois, March 15, 1873. 




18 


MORTGAGES. 


PART IV. 


RELEASE 

or 

Chicago and Great Western Railroad Company Mortgage 

of March 1st, 1873. 


This Indenture of release made and executed this 16th day of 
March, A. D. 1885, by and between the Farmers Loan and Trust 
Company, a corporation existing by and under the laws of the State 
of New York, and having its principal office in the City of New 
York, in said State, party of the first part, and the Chicago and 
Great Western Railroad Company, a corporation existing by and 
under the laws of the State of Illinois, and having its principal 
office in the City of La Salle, in the County of La Salle, in said 
State of Illinois, party of the second part; 

Witnesseth that whereas the party of the second part on or 
about the first day of March, A. D. 1873, by a resolution of its 
Board of Directors authorized the issue of its first mortsiiffe six 

O O 

per cent, bonds to the amount of eight millions of dollars to be 
used in the construction and equipment of its line of railroad, and 
also authorized the execution of a deed of trust upon all its prop¬ 
erty to the party of the first part herein to secure the payment 
thereof. And whereas, there was actually executed by the said 
party of the second part, the amount of one million dollars only 
of such bonds of one thousand dollars each, and the party of the 
second part also executed its deed of trust to the party of the first 
part herein to secure the payment of such bonds, and delivered the 
said deed of trust to the party of the first part, and the same was 
thereafter and on or about the eleventh day of March, A. D. 1873, 
filed for record in the Recorder’s Office of Cook County, Illinois, 
and recorded in Book one hundred and seventy-eight (178), at page 
five hundred and seven (507) of the Records of said County. 

And whereas, in and by a certain decree rendered on the fourth 
day of March, A. D. 1885, in the Circuit Court of the County of 
La Salle, in said State of Illinois, in a certain cause therein pend- 






PART IV. 


MORTGAGES. 


19 


Release, Chicago & Great Western R. R. Co., 


1873. 


ing on the Chancery side of said Court in which Dwight F. Cam¬ 
eron and Albert W. Cobb, were complainants, and the Farmers’ 
Loan and Trust Company, party of the first part herein, and others 
were defendants, it was, among other things, found, adjudged and 
decreed by said Court that all of the said bonds so issued as afore- 
said, were issued without any consideration therefor to the said 
Chicago and Great Western Railroad Company, and that the same 
were never used for the benefit of said Railroad Company or in the 
construction, equipment or operation of its line of road, but were 
used wholly for the payment of the indebtedness of certain other 
corporations in said decree set forth, and that said bonds were and 
are as against said Railroad Company, wholly ultra vires , null and 
void, and of no effect, all of which the persons to whom the same 
were delivered, and the persons who now hold the same well knew 
at the time of receiving the same, all such holders and owners of 
such bonds having acquired the same with full notice of all the 
matters aforesaid. 

And whereas, in and by said decree it was further ordered, ad¬ 
judged and decreed that the Farmers Loan and Trust Company do 
forthwith execute and deliver to the said Chicago and Great M est- 
ern Railroad Company a release and satisfaction in due form, for¬ 
ever releasing and discharging said deed of trust above described 
as security for said bonds, a duly certified copy of which decree is 
hereunto annexed and marked exhibit “A,” and made a part 


hereof. 


Now therefore, pursuant to and by virtue of the decree of the 
Circuit Court of La Salle County aforesaid, and for the purpose 
of fully executing and carrying the same into effect, and in further 
consideration of the sum of one dollar in hand paid by the party of 
the second part to the party of the first part, the receipt whereof is 


tie re by acknowledged, the party of the first part hath remised, con¬ 
veyed, released and quitclaimed and does hereby remise, convey, 
release and quitclaim unto the party of the second part, its suc¬ 
cessors and assigns forever all the right, title, interest, claim or 
demand whatsoever which may have been acquired by the party of 




20 


MORTGAGES. 


PART IV. 


Release, Chicago & Great Western R. R. Co., 1873. 

the first part, in, through or by said deed of trust, bearing date 
March first, A. D. 1873, and filed for record in the Recorder’s 
Office of the County of Cook, in the State of Illinois, on the 
eleventh day of March, A. D. 1873, and recorded in Book one 
hundred and seventy-eight (178), at page five hundred and seven 
(507), of the Records of said County, to all and singular the lands, 
premises, tenements, franchises and property of every nature, real, 
personal or mixed, therein described, together with all the appur¬ 
tenances, privileges and hereditaments thereunto belonging or in 
anywise appertaining. 

In Witness Whereof, the party of the first part hath caused this 
instrument to be signed by its President and attested by its Secre¬ 
tary, and its corporate seal to be annexed hereto at the City of 
New York, in the State of New York, on the day and year first 
above written. 

The Farmers Loan and Trust Company. 

R. G. Rolston, President. 

Attest: W. H. Leupp, Secretary. 

Farmers Loan and 
Trust Company, 

N. York. 


State of New York, 

City and County of New York. 


ss. 


On this sixteenth day of March, in the year one thousand eight 
hundred and eighty-five, before me personally came Rosewell G. 
Rolston, the President of the Farmers Loan and Trust Company, to 
me personally known, who being by me duly sworn, did depose and 
say that he resides in the City of New York aforesaid; that he was 
the President of the Farmers Loan and Trust Company, who are de¬ 
scribed in and who executed the foregoing instrument; that the 
seal affixed thereto is the corporate seal of the said Company and 






PART IV. 


MORTGAGES. 


21 


Release, Chicago & Great Western R. R. Co., 1873. 

was so affixed by their authority, and that he signed his name 
thereto as President by their authority. 

John McClure, 

Notary Public , 

N. Y. Co. 


John McClure, 
Notary Public, 
New York. 


State, City and County 
of New York. 


ss. 


On this sixteenth day of March, A. D. 1885, before me person¬ 
ally came William H. Leupp, to me personally known, who being 
by me duly sworn, did depose and say that he was the Secretary of 
the Farmers Loan and Trust Company in foregoing instrument 
named; that the seal affixed to said instrument is the corporate 
seal of said Company and was affixed to said instrument by author¬ 
ity of the said Company. 

John McClure, 

Notary Public , 

N. Y. Co. 


John McClure, 
Notary Public, 
New York. 


State of New York, 

City and County of New York. 


ss. 


I, Patrick Keenan, Clerk of the City and County of New York, 
and also Clerk of the Supreme Court for the said City and County, 
the same being a Court of Record, do hereby certify that John 
McClure, whose name is subscribed to the certificate of the proof 
or acknowledgment of the annexed instrument, and thereon written 
was at the time of taking such proof and acknowledgment a 
Notary Public, in and for the City and County of New York, 
dwelling in the said City, commissioned and sworn and duly au¬ 
thorized to take the same, and further that I am well acquainted 
with the handwriting of such Notary, and verily believe that the 
signature to the said certificate of proof or acknowledgment is 
ofenuine. 










22 


MORTGAGES. 


PART IV. 


Release, Chicago & Great Western R. R. Co., 1873. 

I further certify that said instrument is executed and acknowl¬ 
edged according to the law of the State of New York. 

In Testimony whereof, I have hereunto set my hand and 
affixed the seal of the said Court and County, the 16th day of 
Mch., 1885. 

Patrick Keenan, w 

Cleric. 

Filed in the office of the Recorder of Cook County, Illinois, 
March 18th, 1885 A 


New York 
Seal. 


* The certified copy of the decree of the Circuit Court of LaSalle County, re¬ 
ferred to as exhibit “ A ” in this release deed, was not recorded. For opinion of 
the Supreme Court of the State of Illinois sustaining this decree see The City of 
Chicago et al. v. Iheight F. Cameron ei «!., 120 Ill., 447. 







PART IV. 


MORTGAGES. 


23 


MORTGAGE. 

John P. Neal and wife, and Chicago and Great Western 

Railroad Company to the City of Chicago. 

[March 21st, 1888.]* 

This Indenture, made this twenty-first day of March in the 
year of our Lord one thousand eight hundred and eighty-eight. 

Between John P. Neal and Marguerite L. Neal, his wife, of the 
County of Cook, and State of Illinois, and the Chicago and Great 
\\ estern Railroad Company, a Corporation organized and existing 
under and by virtue of the laws of the State of Illinois, parties of 
the first part, and the City of Chicago, a Municipal Corporation, 
party of the second part. 

Witnesseth, whereas the said City of Chicago heretofore hold¬ 
ing the legal title to Block eighty-eight, (88) and the North half 
of Block eighty-seven (87) in the School Section Addition to said 
City of Chicago, in trust for the use of Schools of said City of 
Chicago, did by deed of even date herewith, and at the request of 
the Board of Education of said City of Chicago, Convey and Quit 
Claim unto the said John P. Neal the above described premises for 
the consideration expressed in the Deed thereof, of the sum of six 
hundred and fifty thousand dollars ($650,000), and whereas, the 
said sum of six hundred and fifty thousand dollars, the purchase 
monev and interest thereon arising and to arise from said sale 
and conveyance, is a part of the School Fund, 

And, whereas, in and by the request of the said Board of Educa¬ 
tion to the City Council of the said City of Chicago, to sell and 
convey said above described premises, it was expressly requested 
that the same should be conveyed upon the following among other 
conditions, to wit: 

“ (4.) That the said John P. Neal and said Chicago and Great 
Western Railroad Company execute and deliver a Mortgage to the 
City of Chicago in trust for the use of Schools, secured upon the 


* For opinion of the Supreme Court of the State of Illinois, approving the form 
of this mortgage see The People ex rel. John P. Neal v. John A. Roche et al., 124 Ill., 9. 








24 


MORTGAGES. 


PART IV, 


Neal and Chicago & Great Western E. R. Co. to Chicago. 

property conveyed for the sum of $050,000, payable in fifty (50) 
years after the first day of May A. D. 1888, with interest, from 
said date at the rate of five per centum per annum, payable on the 
first day of November and May in each and every year during said 
period of fifty years, which Mortgage shall contain covenants and 
conditions satisfactory to the Board of Education and to the City 
of Chicago. 

(5.) The said Mortgage shall contain a provision that in case of 
default in the payment of said semi-annual interest or in the pay¬ 
ment of any taxes or special assessments, levied or assessed upon 
said premises or any part thereof, at such time or times as to pre¬ 
vent the forfeiture of said premises or any part thereof, and such 
default in either case shall continue for the period of thirty (30) 
days after written notice to said Railroad Company, the rate of 
interest upon the principal of said Mortgage shall for the re¬ 
mainder of said period of fifty years be eight per centum per 
annum instead of five per centum per annum.” 

Whereas, the said John P. Neal is now justly indebted to the 
said City of Chicago in trust for the use of Schools for the whole 
of said purchase price, to wit: for the sum of $650,001), and the 
payment of which said purchase money with accruing interest 
thereon, the said Chicago and Great Western Railroad Company 
hereby expressly assumes and covenants and agrees to pay, and 

Whereas, the Board of Directors of the said The Chicago and 
Great Western Railroad Company has authorized said Railroad 
Company to join the said Neal in the execution of this Indenture 
in accordance with the terms of the request of said Board of Edu¬ 
cation as above set forth for the purpose of better securing the 
payment of said sum of $650,000 and the interest thereon at the 
rate and times when the same shall become due. 

Now, therefore, this Indenture Witnesseth, That the said parties 
of the first part for and in consideration of the premises and of 
one dollar to them in hand paid by the party of the second part, 
the receipt of which is hereby acknowledged and to secure the 
payment of said purchase money and the due performance of the 





PART IV. 


MORTGAGES. 


25 


Neal and Chicago & Great Western R. R. Co. to Chicago. 

covenants herein contained, have aliened, remised, released, quit¬ 
claimed and conveyed, and by these presents do hereby alien, re¬ 
mise, release, quit claim and convey unto the said party of the 
second part, the City of Chicago, in trust for the use of schools, and 
to its successors and assigns forever, the following described prem¬ 
ises, situated in the City of Chicago in the County of Cook and 
State of Illinois, to wit: 

The North half of Block eighty-seven (87) and all of Block 
eighty-eight (88) in the School Section Addition, being a Subdi¬ 
vision of Section sixteen (16), Township thirty-nine (36), North 
Range fourteen (14), East of the Third (3) Principal Meridian. 

Together with all and singular the hereditaments and appurte¬ 
nances, buildings erected or to be erected on said premises, and the 
reversion and reversions, remainder and remainders, rents, issues 
and profits thereof, and also all the estate, right, title, interest, 
dower, right of dower, property, possession, claim and demand 
whatsoever, as well in law as in equity, of the said parties of the 
first part or either of them of, in or to the above described prem¬ 
ises, and every part and parcel thereof, with the appurtenances, to 
have and to hold the same unto the said party of the second part, 
its successors and assigns, to their own use forever. 

Provided always, and these presents are upon this express condi¬ 
tion, that if the said parties of the first part, their successor or suc¬ 
cessors, heirs, executors, administrators or assigns, or any of them 
do and shall well and truly pay or cause to be paid unto the said 
City of Chicago in trust for the use of schools, its successors or 
assigns, the just and full sum of $650,000, lawful money of the 
United States of America, on the first day of May, in the year of 
our Lord one thousand, nine hundred and thirty-eight, with inter¬ 
est thereon at the rate of five per centum per annum in like law¬ 
ful money of the United States of America, payable semi-annually 
on the first day of November and May in each and every year, 
computing the same from and after the first day of May, 1888, or 
in case of default in the payment of said semi-annual interest, or in 
the payment of any tax or special assessment levied or assessed 




MORTGAGES. 


PART IV. 


26 


Neal and Chicago & Great Western R. R. Co. to Chicago. 


upon said premises or any part thereof at such time or times as to 
prevent the forfeiture or sale of said premises or any part thereof, 
when such default in either such case shall continue for the period 
of thirty (30) days after written notice to said Chicago and Great 
Western Railroad Company, its successors or assigns, shall well and 
truly pay to said City of Chicago in trust for the use of Schools, 
its successors or assigns, interest on said principal sum of $650,000 
at the rate of eight per centum per annum, payable semi-annually 
as aforesaid, computing the same from and after the expiration of 
such period of thirty days from and after the giving of the notice 
aforesaid, said principal and interest being in every instance paya¬ 
ble at the Office of the City Treasurer of the City of Chicago for 
the time being, and not otherwise, to the credit of the School Fund 
upon the joint receipt of the City Treasurer of said City for the 
time being and the Board of Education, then these presents and 
everything in the same shall be absolutely null and void. 

And the parties of the first part do for themselves, their succes¬ 
sors, heirs, executors, administrators and assigns, covenant, promise 
and agree to and with the said party of the second part in trust for 
the use of schools as aforesaid, their respective successors and as¬ 
signs, jointly and severally as follows, to wit: 

First. That the said parties of the first part, their successors, 
heirs, executors, administrators or assigns, or some or one of them, 
shall and will well and truly pay or cause to be paid at the place 
and in the manner aforesaid on the first day of May, 1938, the said 
sum of $650,000 with interest thereon at the rate of five per centum 
per annum, payable semi-annually on the first day of November 
and of May in each and every year from and after the first day of 
May, 1888, during and until the first day of May, 1938, or in ease 
default shall be made in the payment of such interest when the 
same shall become due, or in the payment of any taxes or assess¬ 
ments levied and assessed on the said premises above described at 
such time or times as to prevent the forfeiture or sale of said prem¬ 
ises or any part thereof, and such default in either case shall con¬ 
tinue for the period of thirty (30) days from and after notice in 






PART IV. 


MORTGAGES. 


27 


Neal and Chicago & Great Western It. R. Co. to Chicago. 

writing shall have been given by the Board of Education of said 
City to said Railroad Company, its successors or assigns, of such de¬ 
fault, then with interest on said principal sum of $650,000 for the 
whole period from and after the expiration of such period of thirty 
days after such notice during and until said May first, 1938, at the 
rate of eight per centum per annum payable semi-annually as afore¬ 
said and thereafter shall pay interest at the said rate of eight per 
centum per annum, payable semi-annually upon any part or portion 
of the said principal sum remaining unpaid until the full payment 
with the interest. 

Second. That the said parties of the first part, their heirs, exec¬ 
utors, administrators, successors and assigns, shall and will pay or 
cause to be paid all taxes and assessments levied and assessed against 
the above described premises at such time or times as to prevent 
the forfeiture or sale of said premises or any part thereof for default 
in the payment of such taxes or assessments or in case of neglect 
or refusal to pay the said taxes or assessments as aforesaid then it 
shall be lawful for the said Board of Education to pay all such taxes 
and assessments, and any sum or sums so paid shall be an additional 
indebtedness secured by this mortgage which the parties of the first 
part hereby agree to pay at the time and place of the next accru¬ 
ing payment of interest, with interest thereon at the rate of eight 
per centum per annum. 

But nothing in this second covenant contained or expressed shall 
affect in any manner any of the rights, remedies, options, forfeitures 
or other recourse secured to the said party of the second part or to 
the said Board of Education by any of the other clauses or cove¬ 
nants in this Instrument contained. 

Third. That the said parties of the first part shall and will in 
everything well, faithfully and truly observe, perform, fulfill and 
keep all and singular the provisions, agreements and stipulations 
in this Indenture contained and by them or either of them to be 
done, observed, performed, fulfilled and kept according to the true 
intent and meaning of this Indenture. 

Fourth. That the said parties of the first part at the time of the 




MORTGAGES. 


PART IV. 


28 


Neal and Chicago & Great Western R. R. Co. to Chicago. 

sealing and delivery hereof have not, nor has either of them 
made, done, committed or suffered any act or acts, thing or things 
whatsoever, whereby or by means whereof the above mentioned 
and described premises or any part or parcel thereof are now or at 
any time hereafter shall or may be impeached, charged or incum¬ 
bered in any manner or way whatsoever. 

Fifth. That the said parties of the first part and each of them, 
have and has full power and lawful and absolute authority to make 
and execute this Indenture. 

Sixth. That from and after the time when default shall be 
made in any of the provisions, agreements or stipulations agreed 
to be done or performed by the parties of the first part, their 
heirs, executors, administrators, successors, or assigns, or some or 
one of them, according to the true intent and meaning hereof, then 
and in that case if this Indenture at the time shall not have been 
assigned by the party of the second part as hereinafter provided, 
it shall be lawful for the party of the second part at the request of 
the said Board of Education to immediately foreclose this mort¬ 
gage in the manner then provided by the laws of the State of Illi¬ 
nois and to enter upon and take immediate possession of the above 
described premises, with or without force. 

And thereafter the said Board of Education shall collect all 
revenue, rents, issues or profits arising therefrom for the use of 
Schools. 

Provided, however, if any default shall occur before the assign¬ 
ment of this Indenture, the option or options aforesaid shall be ex¬ 
ercised and the notice or notices above provided for shall be given 
only by virtue of a resolution of the Board of Education of the 
City of Chicago or its successor or successors, and in no other 
manner except as hereinafter provided, nor shall any Officer, 
Agent, or Attorney of said City of Chicago or of said Board of 
Education have any power or authority to express, waive or de¬ 
clare any of the options aforesaid, or to give any of the notices 
aforesaid, without the passage or adoption of such resolution or 
resolutions. 




PART IV. 


MORTGAGES. 


29 


Neal and Chicago & .Great Western R. R. Co. to Chicago. 


Provided, however, that in case the said Board of Education 
shall neglect or refuse to exercise the option or options, or to give 
the notice or notices herein provided for, for the period of thirty 
days after the right to exercise such option or options, or to give 
such notice or notices, shall accrue, it shall be lawful for the City 
Council of the City of Chicago and its successors to exercise such 
option or options and to give such notice or notices. 

In case of the foreclosure of this Indenture of Mortgage it shall 
he lawful to institute all necessary proceedings in Court in the 
name of the party of the second part, and in case of a judicial 
sale for the enforcement of the lien of this mortgage, the indebted¬ 
ness thereunder found due by the decree of the Court may be em¬ 
ployed in bidding at such sale, and the amount so bid shall be ap¬ 
plied jpro tcinto in payment of such indebtedness, but the bid shall 
be made and the title to the land so purchased shall be taken in 
the name of the City of Chicago in trust for the use of Schools. 

In case this Indenture of Mortgage shall have been assigned and 
default shall happen to be made in any of the provisions, agree¬ 
ments or stipulations agreed to be done or performed by the parties 
of the first part, their successors, heirs, executors, administrators 
or assigns according to the true intent and meaning hereof, then 


and in that case it shall be lawful for the assignee of this Indenture 
his or its successors or assigns at its, his or their option to immedi- 
atelv foreclose this mortgage in the manner then provided by the 

t/ G 

laws of the State of Illinois and at such option to take immediate 


possession of the above described premises with or without force, 
and thereafter to hold said premises and collect all revenue, rents, 
issues or profits arising therefrom in his or their own name or names 
and for his or their use. 

Seventh . But it is hereby expressly agreed, stipulated and cov¬ 
enanted by and between the parties hereto, their respective heirs, 
executors, administrators, successors and assigns that this Indentuie 
and the rights thereby secured cannot be sold, transferred or as¬ 
signed, nor shall any of its terms, conditions or covenants be altered 
changed, waived or impaired except by the concurrent action of 




MORTGAGES. 


PART IV. 


30 


Neal and Chicago & Great Western R. R. Co. to Chicago. 

the City Council of the City of Chicago and the Board of Education 
of the City of Chicago or their respective successors, authorizing 
such sale or modification. 

It is hereby expressly understood and agreed that this mortgage 
and everythin^: herein contained and the covenants thereof shall 
run with and be binding upon the above described premises and the 
buildings erected or to be erected on said premises, and in case of 
default as aforesaid and foreclosure or taking possession as afore¬ 
said the above described premises and buildings shall be for all the 
purposes of such foreclosure or taking possession considered as sep¬ 
arated from any or all property owned or controlled by the parties 
of the first part hereto, their heirs, executors, administrators or as¬ 
signs. 

The parties of the first part for themselves and each of 
them and for their heirs, executors, administrators and as¬ 
signs, in consideration of the premises and in the further consider¬ 
ation of one dollar in hand paid, the receipt of which is hereby 
acknowledged have made, constituted and appointed and by these 
presents, do make, constitute and appoint Lyman Trumbull or any 
attorney of any Court of Record for them and each of them and in 
their names, places and stead to enter their appearance and the ap¬ 
pearance of each of them in any action whether at law or in equity 
instituted in the name of the party of the second part its successors 
or assigns for the foreclosure of this Indenture or for the recovery 
of the possession of the above described premises or for any breach 
of covenant herein or for default hereunder and as such Attorney 
to plead or answer for them and each of them in any such suit and 
therein confess a decree for the immediate foreclosure of this Mort¬ 
gage or a judgment for the immediate possession of the above de¬ 
scribed premises, as the case may be, hereby ratifying and confirm¬ 
ing all that their said Attorney shall or may do in the premises. 

And the said party of the second part for itself, its successors and 
assigns, hereby covenants and agrees to and with the said parties 
of the first part, their successors, heirs, executors, administrators 
and assigns, that it will, upon the performance of all the conditions 




PART IY. 


MORTGAGES. 


31 


Neal and Chicago & Great Western R. R, Co. to Chicago. 


in this Indenture, release or cause to be released all right, title or 
interest conveyed under and by this Indenture to the parties of the 
first part, their successors, heirs, executors or assigns. 

In Witness Whereof, the said John P. Neal and Marguerite L. 
Neal, his wife, have hereunto set their hands and seals, and the 
said Chicago and Great Western Railroad Company has caused this 
instrument to he signed by its President and attested by its Secre¬ 
tary, and its Corporate Seal to be hereunto affixed the day and 
year first above written. 

John P. Neal. [seal.] 

Marguerite L. Neal. [seal.] 

The Chicago and Great Western 
Rail Road Company. 

B. Chas. L. Colby, 

President. 


Chicago and Great Western 
Railroad Company. 
Corporate Seal. 


Attest: 

Edwin II. Abbot, 

Secretary. 


State of Illinois, 
Cook County. 



I, Kemper K. Knapp, a Notary Public in and for said County in 
the State aforesaid, do hereby certify that John P. Neal and Mar¬ 
guerite L. Neal, his wife, personally known to me to be the same 
persons whose names are subscribed to the foregoing instrument, 
appeared before me this day in person and acknowledged that they 
signed, sealed and delivered the said instrument as their free and 
voluntary act for the uses and purposes therein set forth. 

Given under my hand and Notarial Seal this 24th day of March 
A. D. 1888. 

Kemper K. Knapp, 

Notary Public. 


Kemper K. Knapp. 
Notarial Seal. 
Cook Co., Ills. 







32 


MORTGAGES. 


PART IV. 


Neal and Chicago & Great Western R. R. Co. to Chicago. 


State of New York, J 
City and County of > ss. 

New York. ) 

I, H. L. Braynard, a Notary Public in and for the City and County 
of New York, in the State of New York, do hereby certify that 
Charles L. Colby, as President, and Edwin H. Abbot, as Secretary 
of the Chicago and Great Western Railroad Company, personally 
known to me to be such President and Secretary respectively, and 
the same persons whose names as such are subscribed to the fore¬ 
going Instrument, appeared before me this day in person and 
acknowledged that they signed, sealed and delivered the said In¬ 
strument, and caused the Corporate Seal of said Company to be 
affixed thereto as their free and voluntary act as such President 
and Secretary respectively, and as the free and voluntary act of 
said Company for the uses and purposes therein set forth, 

Given under my hand and Notarial Seal this 27th day of March 
A. D. 1888. 


II. L. Braynard, 
Notary Public , N. Y. Co. 

State of New York, ) 

City and County of > ss. 

New York. ) 

I, James A. Flack, Clerk of the City and County of New York, 
and also Clerk of the Supreme Court for the said City and County, 
the same being a Court of Record, do hereby certify that II. L. 
Braynard, whose name is subscribed to the Certificate of the proof 
or acknowledgment of the annexed instrument, and thereon written 
was at the time of taking such proof or acknowledgment a Notary 
Public in and for the City and County of New York, dwelling in 
the said City, commissioned and sworn and duly authorized to take 
the same. And further that I am well acquainted with the hand- 


TI. L. Braynard, 
Notary Public. 
New York County. 









PART IV. 


33 


MORTGAGES. 

Neal and Chicago & Great Western R. R. Co. to Chicago. 

writing of such Notary, and verily believe that the signature to 
the said Certificate or proof of acknowledgment is genuine. 

In testimony whereof, I have hereunto set my hand and affixed 
the seal of the said Court and County the 28 day of Mch. 1888. 

James A. Flack, 
Clerk. 


Filed in the office of the Recorder of Cook County, Illinois, 
April 14th, 1888. 


New York 
Seal. 





34 


MORTGAGES. 


PART IV. 


TERMINAL FIRST MORTGAGE 

OF THE 

Chicago and Great Western Railroad Comp anal 

[May 1st, 1886.] 

This Indenture, made this first (1) day of May, A. D. Eighteen 
hundred and eighty-six (188(3), by and between the Chicago and 
Great Western Railroad Company, a corporation duly established 
under the laws of the State of Illinois, party of the first part, and 
John A. Stewart of New York, in the County and State of New 
York, and Edwin H. Abbot of Milwaukee, in the County of Mil¬ 
waukee and State of Wisconsin, parties of the second paid, 

Witnesseth: 

That Whereas, said first party has located its railroad and ter¬ 
minal facilities in the County of Cook and State of Illinois, from 
its transfer yard, in Section Sixteen (16) in the town of Cicero, 
westerly into and through the city of Chicago, across the south 
branch of Chicago River north of Twelfth Street Bridge, to and 

O O 7 

into its passenger terminals and depot grounds situate on the cor¬ 
ner of Harrison Street and Fifth Avenue in said city, and has ac 
quired, and is acquiring, by purchase, lease, contract and otherwise 
about acres, more or less, of land from its transfer 

yard in said Section Sixteen (16) and has dedicated and established 
the whole of said acreage for and as its yard and terminal facili¬ 
ties, and has located upon the same, and proposes to cover the 
same with tracks, shops, suburban passenger-stations, car sheds, 
round-houses, freight-sheds, freight-houses, warehouses, elevators, 
and other suitable structures and buildings in order to provide yard 
accommodation and terminal facilities for its own use and for the 
use of such other rail roads as shall, from time to time, by license 
of and arrangement with said first party, jointly occupy the same; 
and 

Whereas, said first party is proposing to acquire from time to 
time hereafter other lands in said Cook County and provide addi- 






PART IV. 


MORTGAGES. 


85 


Chicago & Great Western It. It. Co., 1886. 


tional terminal facilities from time to time as tlie same are needed 
for its own business and for the convenience of city and suburban 
travel and of such other railroad companies as said first party may 
from time to time admit to the enjoyment thereof, and is about to 
provide funds to pay for its lands acquired, and to be acquired, 
and for its construction, equipment and general business as above 
set forth by the issue of its first mortgage five per cent, fifty year 
gold terminal bonds to the amount of four millions (4,000,000) of 
dollars, face value, as hereinafter described, and its second mort¬ 
gage five per cent, fifty year gold terminal bonds to the amount of 
four millions (4,000,000) of dollars, face value, as hereinafter de¬ 
scribed, and to secure, as hereinafter stated, the payment in gold 
coined money of the United States, of the present standard 
weight and purity, of the principal and interest of both said 
classes of said terminal bonds by this mortgage or deed of trust to 
the parties of the second part, upon all its said railroad, real es¬ 
tate, rights, property, franchises, rolling stock, motive power, ter¬ 
minal facilities, buildings, income, and other property of every 
description, both real and personal, acquired and to be acquired, in 
the County of Cook as aforesaid; and 

Whereas said first party hereby covenants that when its said 
railroad and terminal facilities hereinafter described shall have 
been completed within said Cook County and the said terminal 
bonds thereon shall have been all issued, the total amount of its 
said first mortgage terminal bonds shall not then exceed the 
amount of four million dollars ($4,000,000), and that the total 
amount of its second mortgage terminal bonds shall not then ex¬ 
ceed the amount of four million dollars ($4,000,000); and further 
covenants that said eight million dollars of terminal bonded in¬ 
debtedness is all the valid bonded indebtedness of said Company 
now resting upon its property aforesaid in the County of Cook, 
and that said terminal bonds hold the first bonded lien thereon, 
and are subject only to certain outstanding purchase money mort- 
o-ao-es, trust deeds, contracts, leases, ground-rents, and the like, 
all of which said Company will in due course extinguish as fast 




MORTGAGES. 


PART IV. 


o n 


Chicago & Great Western R. R. Co., 1886. 


and as far as may be, and hereby covenants fully to protect said 
terminal bonds against the same when and as the same become due 
and payable; and 

Whereas, each of said terminal bonds is to be for the sum of 
One thousand dollars (% 1,000) payable in gold coined money of the 
United States in fifty (50) years from the first (1) day of June, A. 
D. Eighteen hundred and eighty-six (188G), with interest at the rate 
of Five (5) -per centum per annum , payable semi-annually on the 
first days of December and June in each year, the first coupon ma¬ 
turing upon the first (1) day of December, A. D. eighteen hundred 
and eighty-six (1886) on each class of said terminal bonds, which 
are all to be paid, both principal and interest, at the office of the 
Company in the city, county and state of New York, said second 
mortgage terminal bonds being, however, subject to the prior pay¬ 
ment of said first mortgage terminal bonds, both principal and in¬ 
terest, accruing and to accrue thereon, when and as the same be¬ 
comes due; and 

Whereas, said first mortaraffe terminal bonds and second mort- 
gage terminal bonds, are, except in numbers and distinguishing 
marks, of the substantial form and effect of the respective forms 
annexed to this indenture and made a part thereof; 

Now Therfore, the Chicago and Great Western Railroad 
Company, in consideration of one dollar and divers other valuable 
considerations, receipt of which is hereby acknowledged, has 
granted, bargained, sold, assigned, transferred, released, conveyed 
and confirmed unto said John A. Stewart and Edwin H. Abbot, as 
they are trustees herein named, parties of the second part, all that 
railroad known as the Chicago and Great Western Railroad, con¬ 
structed and to be constructed, acquired and to be acquired, main¬ 
tained and operated within the County of Cook and State of 
Illinois, said Company reserving the right at all times to extend 
this line outside said county limits in any direction free from the 
lien of this mortgage under the chartered powers it now possesses, 
as well as under any and all other franchises which may hereafter 
be conferred upon or acquired by it, whenever and if such exten- 




PART IV. 


MORTGAGES. 


37 


Chicago & Great Western R. R. Co., 1886. 

sion or extensions should hereafter be approved by said first party, 
together with all its lands, acquired and to be acquired, as well 
as all its easements, leaseholds, reversions, right of way, depot 
grounds, tracks, bridges, viaducts, culverts, fences, car houses, 
freight houses, wood-houses, coal sheds, and* other buildings of 
every sort and description, built and to be built, and all factories, 
and machine shops, held or to be held by it for use in connection 
with its said railroad or any part thereof, and also all locomotives, 
tenders, and other motive power, rolling-stock, cars, coaches, equip¬ 
ment and all machinery, tools, implements, fuel, materials 
for constructing, operating, repairing or replacing the said 
railroad or any part thereof, and all the appurtenances of 
the said railroad, structures of any sort, and property, or 
any part thereof, and also all revenues, rates, tolls, sums of 
money, income arising and to arise from the said railroad or from 
any part of the premises hereinbefore expressed to be conveyed, or 
any of them, so far as the same is earned in said county, and also 
all corporate and other franchises, powers and privileges connected 
with or relating to said railroad or to its construction, main¬ 
tenance or use, or otherwise belonging to said company, and 
also all ties, iron or steel rails, fish plates, spikes, piles, bridges, 
bridge materials, telegraph poles, telegraphic materials, bar 
iron, oil, waste, fuel, and every sort of railroad supplies, ac¬ 
quired and to be acquired, used or to be used, in the construction 
or operation of any part of said railroad within said County of Cook, 
whether now completed or hereafter to be built, together with all 
appendages, appurtenances and movable property of every kind, 
and all improvements, extensions and additions, now or hereafter 
made and to be made to or upon any and 'all of the above described 
railroad and other property of said Company within said County 
of Cook, together with all easements, licenses, property, estate and 
rights of any nature whatsoever, whether real or personal, cor¬ 
poreal or incorporeal, to which said Company now is 01 may lieie- 
after be or become in law T or equity entitled as appertaining to said 
railroad above described, meaning and intending hereby that the 





38 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 


lien of this trust shall attach to and upon every part of the prem¬ 
ises above described from the moment that any right or title therein 
shall vest in said railroad company, and also all books of accounts, 
deeds, leases, certificates, contracts, records, vouchers, papers, and 
also all documents relating to or appertaining to the title and the 
business, past, present and future, of said Company in said County 
of Cook, provided, however , that nothing herein shall be construed 
to prevent said railroad company from hereafter separately mort¬ 
gaging any extension of its said railroad or any branches thereof 
outside of the County of Cook, nor to limit its right to the prop¬ 
erty and income which is not included or earned in said County of 
Cook, as the same is not embraced in the premises described in this 
deed of trust, nor limit its right or title to any property which 
may be hereafter built or acquired outside said county limits, nor 
prevent it from creating a prior lien by mortgage, or by any other 
form of contract, or otherwise, upon any property whatever within 
said county limits which it may hereafter acquire, whether real or 
personal, in order to secure payment of the purchase money thereof, 
or any part thereof; it being the intent of this mortgage to secure 
its said terminal bonds only upon the terminal facilities of said 
Company and its general yard as hereinbefore described which ex¬ 
tends within and from said Section Sixteen (1 (1) in the town of 
Cicero, to its passenger grounds on the corner of Harrison Street 
and Fifth Avenue in the city of Chicago. 

To have and to iiold all and singular the above mentioned and 
described railroad yard and other property, and all other the prem¬ 
ises hereinbefore expressed to be conveyed, with the appurtenances 
thereof, and all the rights, easements, hereditaments and privileges 
thereunto belonging or appertaining, to the said John A. Stewart 
and Edwin IT. Abbot, their heirs and assigns, survivor, successors 
and successor, their and his heirs and assigns, to their and his sole 
use and behoof forever; but in trust always for the purpose of 
securing to said trustees, their survivor, successors and successor, 
or to the lawful holder of said terminal bonds, the payment of the 
terminal bonds hereinbefore described, together with interest 




PART IV. 


MORTGAGES. 


39 


Chicago & Great Western R. R. Co., 1886. 

thereon accruing according to the tenor of said terminal bonds re¬ 
spectively, and according to the priority herein declared in favor 
of the said first over the said second mortgage terminal bonds; 
and, for the further carrying into effect of the conveyance herein 
expressed, said Company doth hereby appoint John A. Stewart 
and Edwin H. Abbot, their survivor, successors and successor in 
said trust, to be the attorneys and attorney of said Company, to 
take and demand from any and all persons whomsoever and to re¬ 
ceive delivery from them of all and every the sums of money, 
goods, chattels, and effects of said Company, hereinbefore ex¬ 
pressed, to be assigned, and to give effectual releases and dis¬ 
charges therefor, and to appoint for all and any purposes aforesaid 
in their discretion at the expense of said Company an attorney or 
attorneys, agent or agents, and from time to time to revoke said 
appointments, and generally to use the name of said Company, and 
generally to act in the particular premises as said trustees or trustee 
for the time being shall think expedient for the effectual perform¬ 
ance of said trust. 

And it is hereby mutually agreed and declared by and between 
said Company and each and every holder of each of said terminal 
bonds by and through said trustees, each with the other and all 
the others, that said trustees, their survivor, successor and suc¬ 
cessors, for the time being in said trust shall respectively stand 
possessed as to all and singular the premises hereinbefore men¬ 
tioned, with all the powers herein expressly granted as well as 
with and in addition to all the customary powers of such trustees 
upon and for the trusts, intents and purposes following, that is to 
say: 

Said first mortgage terminal bonds shall all stand among them¬ 
selves equally secured by this indenture; but all coupons upon said 
first mortgage terminal bonds shall, in any and all legal proceed¬ 
ings instituted by said trustees for the effectual securing thereof, 
have and be allowed priority in the order in which they respect¬ 
ively mature; and, in like manner, said second mortgage terminal 
bonds shall all stand among themselves equally secured by this in- 






40 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 


denture, and all coupons thereon shall at all times have priority 
among themselves in the order in which they respectively mature; 
provided, however, that all said first mortgage terminal bonds, to¬ 
gether with each and every matured coupon thereon, shall at all 
times have priority over each and every second mortgage terminal 
bond and over each and every matured coupon thereon. It is 
further expressly agreed that no action at law shall be maintaina¬ 
ble upon any coupon, whether attached to or detached from any 
first or second mortgage terminal bond, by the holder thereof, 
without the consent of the trustees or trustee for the time be¬ 
ing, which must, previously to such suit being instituted, have 
been obtained in writing, nor shall such action be maintainable in 
any event after the default on which the right of action is based 
shall have been waived, by written notice to said company or 
otherwise, either by the holders of a majority in interest of that 
class of said mortgage bonded indebtedness or by said trustees; 
nor shall such action be maintainable in any event on any bond or 
coupon of either class after the default on which said action is 
based shall have been waived by the trustees for the common bene¬ 
fit of all the holders of that class of bonded indebtedness herein 
created, in the exercise of their discretion, whether as to first mort¬ 
gage or second mortgage bonded indebtedness, as hereinafter pro¬ 
vided. 

It is further expressly agreed that upon any default or breach of 
condition hereof, and after demand has been made upon said com¬ 
pany for payment of said bonds or any coupon thereof by said trus¬ 
tees, their successors or successor, all rights and right of action, 
whether at law or in equity, upon each and every and any of said 
terminal bonds and coupons shall thereafter, so long as said default 
continues, vest exclusively in said trustees, their survivor, succes¬ 
sors and successor, for the equal proportionate benefit of all holders 
of said terminal bonds according to their respective priorities, that 
is to say, first, for the benefit of the first mortgage terminal bonds 
and interest coupons thereto attached, second, for the benefit of the 
second mortgage terminal bonds and interest coupons thereto at- 




PART IV. 


MORTGAGES. 


41 


Chicago & Great Western R, R. Co., 1886. 


tached; provided aIways, that said rights of action shall vest ex¬ 
clusively, as aforesaid, in said trustees for the equal proportionate 
benefit of all the bonded indebtedness secured hereby, subject to 
the priorities hereinbefore declared. 

Said company covenants, and every person who at any time be¬ 
comes the holder of any terminal bond of either class hereby se¬ 
cured, does hereby, in and by his acceptance thereof, covenant, to, 
with and through said trustees and with said company, and with 
each and all other persons who shall have become holders of either 
of said classes of terminal bonds, that this indenture enters into and 
forms part of each such terminal bond and each such coupon included 
in either class of said terminal bonds, and agrees and admits that 
this indenture fixes the rights, duties and liabilities of said com¬ 
pany so far as they are herein expressed, upon and under each and 
every terminal bond and upon and under each and every coupon 
which is secured by this deed of trust, and defines and fixes the 
rights, duties and liabilities of said trustees, their survivor, succes- 
sors, successor and assigns, and of each and all of said bondholders 
and coupon-holders, both as to said trustees and among themselves, 
and as to each other, and as to said company, and does hereby 


agree to the following articles, to wit: 

Article First. Said company covenants to pay to the lawful 
holder the principal of, and interest upon each terminal bond 
issued under this mortgage, and upon each coupon thereto attached 
according to the respective tenor thereof, so long as there is not 
any subsisting default or breach of some stipulation of this inden¬ 
ture, when and as the same shall respectively become due and pay¬ 
able ; and further covenants after such default to pay the same to 
the trustees or trustee for the time being; and further covenants to 
pay every and all lawful taxes at any time assessed by any lawful 
authority upon the mortgaged premises when and as necessary to 
protect the same against the lien of such tax, and also to pay the 
same at any time assessed on said bonds and coupons by the 
United States, whatever the form or style thereof, so that the 
holder thereof shall receive the full amount of each of his said 




4 2 


.MORTGAGES. 


PART IV. 


Chicago & Great. Western R. R. Co., 1886. 

bonds and coupons without deduction by reason of any federal tax¬ 
ation. 

Article Second. All the property and estate herein conveyed, 
and all moneys received from the sale of the same or any part 
thereof, shall, after deducting the expenses of this trust, be held 
and applied, and is hereby pledged to the proportionate payment 
of said terminal bonds and the coupons attached thereto when and 
as the same shall become severally due and payable according to 
their tenor and effect, subject ahcays to the priority herein declared 
in reference to said classes of bonds, and to the priority herein 
declared among the coupons of each class of bonds in the order 
in which said coupons respectively in each class mature. 

Article Third. Said company further covenants well and truly 
to keep and perform all the things specified in this indenture to be by 
it kept and performed according to its true meaning and intent, 
provided, ahcays , that nothing herein contained shall deprive or 
limit the control of said company over the mortgaged property 
prior to any default, v or shall limit its control after waiver or ces¬ 
sation of any such default from time to time according to the pro¬ 
visions of this indenture, or shall prevent said company, after con¬ 
sent previously thereto in writing obtained from said trustees, 
their survivor, successors or successor, from selling, disposing of, 
or changing any of its real estate, lands, buildings, motive power, 
rolling stock, equipment or personal property, whenever said com¬ 
pany shall deem it expedient for the good management of said 
railroad so to do; and said company, its successors and assigns, 
covenants and agrees to waive, and does hereby waive the benefit 
of every extension, stay, appraisement or reduction law which has 
been hitherto, or may hereafter be enacted in said State of Illinois, 
and hereby consents that the trustees or trustee for the time being, 
may personally or by agent, at all times, have full and free access 
to said company’s books, records, and accounts, with right to take 
copies therefrom in whole or in part; provided , however , and this 
indenture is executed upon the express condition that, upon full 
payment and satisfaction of said bonds and all of them, and all the 





part iv. 


MORTGAGES. 


43 


Chicago & Great Western It. It. Co., 1886. 


interest due thereon, or, in case of the conversion thereof into 
stock in any new company or corporation hereinafter described and 
authorized to he formed after any foreclosure or other conclusion 
of this trust, then upon exhibition to the trustees for the time be¬ 
ing, their successors or successor, of all the canceled bonds and 
proof of full payment of all charges, expenses and liabilities in¬ 
curred in the administration of this trust, all the estate, right, 
title and interest of the trustees for the time being shall cease and 
determine, and upon written request therefor by said company, its 
successors or assigns, the trustees for the time being shall execute 
and deliver to it or them all proper releases or satisfaction hereof; 
but otherwise this indenture shall continue of full force. 

Article Fourth. The trustees for the time being are author¬ 


ized from time to time to appoint a registrar and employ such clerks 
and assistants as they may deem necessary from time to time for 
the administration of their trust; and it is agreed until said trus¬ 
tees shall otherwise order and appoint, the Farmers Loan and 
Trust Company of the City, County and State of Xew F ork, shall 
be and is hereby appointed registrar of said trustees, but without 
prejudice to the right of said trustees to vacate said appointment 
whenever and if they think it expedient so to do. 

Article Fifth. Said company shall from time to time, and at 
all times hereafter, and as often as thereunto requested by the trus¬ 
tees or trustee for the time being, execute, acknowledge and deliver to 
them or him all such further deeds, conveyances and assurances in 
the law for the better assuring unto them, their survivor, succes¬ 
sors and successor herein, upon the trusts herein expressed, the 
railroad and property hereinbefore mentioned and all franchises 
now held by said company, as well as the franchise to be a corpo¬ 
ration, whenever and so far as shall by the trustees be deemed ex¬ 
pedient; and said company shall furnish to said trustees, their suc¬ 
cessors and successor, from time to time, whenever so requested in 
writing, a true and full inventory of all the property appertaining 
to said railroad and the operation thereof and covered by this in¬ 
denture; but no failure to demand or furnish such inventory shall 





44 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 


impair or limit the operation and effect of this indenture upon any 
and all property herein generally described as covered by this in¬ 
denture, and no omission of any part of said property from said in¬ 
ventory shall release any such omitted property from the lien of 
this trust, whenever the same shall properly attach thereto. 

Article Sixth. The trustees, or trustee for the time being act- 
ing under this trust, their and his survivor, successors and suces- 
sor, are authorized in their and his discretion, upon the written 
request of said company, to consent from time to time to such 
change or changes in the location of track, roadway, stations, sta¬ 
tion-grounds, and any and all other real estate of any nature or 
description covered by this mortgage, as well as to the sale, sub¬ 
stitution and exchange of motive power, rolling stock, machinery 
and equipment, and any and all other personal property covered 
by this mortgage, as they deem for the interest of their trust; 
provided however , that all substituted property of any and every 
description shall be deemed to be and be brought within and cov¬ 
ered by this trust as fully as if the same had been expressly de¬ 


scribed in this indenture; and they are further authorized to execute 
all releases and other writings which they from time to time deem 
necessary in order to effectuate said sales, exchanges and substitu¬ 
tions; and it is further covenanted that the releases executed by 

t 

said trustees, their survivor, successors or successor, or bv the trustee 
for the time being acting under this trust, shall be conclusive proof 
of the release of the property therein described from the lien of 
this trust and mortgage in favor of the party purchasing the same; 
and it is further covenanted and agreed that such purchaser shall in 
no event be obliged to enquire into the authority of the trustee to 
execute any such release or be held in any way responsible to the 


application of the purchase money. But it is hereby declared that 
if the proceeds of any property so sold or released from and out of 
the trust premises shall not be applied to the acquisition of other 
additional property to be substituted therefor in the trust premises, 
then the trustees shall receive the said proceeds and shall apply 
the same to the purchase, in open market, of such portion of the 




PART IV. 


MORTGAGES. 


45 


Chicago & Great Western R. R. Co., 1886. 


first mortgage bonded indebtedness hereby secured as the same will 
suffice to obtain at market price thereof. 

Article Seventh. At any sale of the aforesaid railroad, its 
equipment, appurtenances, real or personal property, or any part 
thereof, or any portion of the trust premises, whenever and if such 
sale shall be in consequence of any default on the part of the party 
of the first part under this indenture, the trustees or trustee for the 
time being may bid oft' and purchase, or cause to be bid oft’ and 
purchased, the property so sold or any part thereof in behalf of all 
the holders of bonds then in default under this instrument and out¬ 
standing in proportion to the respective interests of such bondhold¬ 
ers, subject to the priorities herein declared among them, at such 
price as said trustees shall deem reasonable, if but a portion of said 
property be sold; and, if all of it be so sold, then at a price not ex¬ 
ceeding in all the whole amount of said outstanding first mortgage 
terminal bonds and second mortgage terminal bonds added together, 
in addition to the amount of the interest then accrued thereon; and 


nothin 0 ’ herein shall be construed to limit the trustees or the trustee 

O 

for the time being in the exercise of their or his discretion so to 
make such purchase or purchases, but the same shall be absolutely 
in their or his discretion as they or he deem the common and equal 
proportionate benefit of all bonds hereunder secured shall require, 
subject to the priorities herein declared among said bonds and 


classes of bonds. 

Article Eighth. If and whenever from time to time any judi¬ 
cial foreclosure, or other sale or sales of the whole or any part of 
the premises covered by this indenture shall be made undei an\ de¬ 
cree of any court having jurisdiction thereof, or under provisions 
of this indenture, or the power of sale herein granted, and the 
holders of a majority in interest of the then outstanding first 
mort°’a°’c terminal bonds shall in writing so request the trustees or 
trustee for the time being, then said trustees or trustee are autlior- 
ized to purchase the premises, or so much of them as shall be so 
sold, and covered by this indenture, and to apply the same foi the 
use and benefit, first, of the then outstanding first mortgage bonded 




MORTGAGES. 


PART IV. 


4G 


Chicago & Great Western R. R. Co., 1886. 

indebtedness, and second , of the second mortsfagfe bonded indebted- 
ness hereby secured; and all right and title to said premises 
shall, after and upon such purchase, vest in said trustees or trustee 
for the time being; and no bondholders of either class shall have 
any right to the premises or proceeds thereof, except subject to the 
priorities created and declared in this indenture, to wit: that the 
said first mortgage bonded indebtedness shall be paid in 
full, principal and interest, then accrued, before said second mort¬ 
gage bonded indebtedness shall receive any dividend from the pro¬ 
ceeds, but any surplus, remaining after payment in full of said first 
mortgage bonded indebtedness, shall be applied pro rata upon said 
second mortgage terminal bonds and their accrued interest, the 
overdue coupons upon said second mortgage terminal bonds to be 
paid in full, with interest at five per centum per annum, in the 
order of and according to the dates of their respective maturing. 
If such sale be of the whole property, and the same be bid in for 
the benefit of the first mortgage bonded indebtedness, at a price 
less than the amount of said first mortgage bonded indebtedness, 
then each first mortgage terminal bondholder shall receive only 
his proportionate share of the proceeds of the purchased prem¬ 
ises, as represented in a new company or corporation, to be formed 
for the benefit of the holders of the first mortgage bonded indebt¬ 
edness hereby secured; and said trustees may take such lawful 
measures as, in their judgment, are for the interest of said first 
mortgage terminal bondholders, in organizing a new company or 
corporation for the benefit of the holders of the first mort° r a«’e 
bonded indebtedness hereby secured. Said new company shall be 
organized upon such terms, conditions and limitations, and with 
such allowance to other parties interested in said premises, and in 
such manner as the holders of a majority of all the outstanding first 
mortgage bonded indebtedness shall, in writing, direct; and the 
trustees shall, thereupon, reconvey the premises so purchased by 
them, to said new company or corporation so, as aforesaid, ormui- 
ized. If such sale be of the whole property, and the same be bid 
in for the benefit of the second mortgage bonded indebtedness, at 




I*ART IV. 


MORTGAGES. 


47 


Chicago & Great Western R. R. Co., 1886. 


a price less than its full amount, hut more than enough to protect 
the first mortgage bonded indebtedness, then each second mortgage 
terminal bondholder shall have the like rights and said trustees shall 


take like action as is above stipulated. 

Article Ninth. If default be made in the payment of the in¬ 
terest on any of said terminal bonds according to their tenor and 
such default shall continue for the period of six (6) months after 
such interest shall have become due, and after payment shall have 
been demanded by the trustees and refused by said company, the 
principal of all said bonds upon which default has so continued, 


shall at the election of the trustees, or of the trustee for the time 
being, but not otherwise, be and become immediately due and pay¬ 
able, anything contained in said terminal bonds, or in this indent¬ 
ure, to the contrary notwithstanding. 

Article Tenth. If default be made in the payment of any in¬ 
terest or principal upon any of the terminal bonds secured by this 
indenture, when and as the same is payable, and such default con¬ 
tinue for six (6) months after demand made by the trustees or 
trustee for the time being, at the principal office of the company, for 
the payment of the same, the trustees are authorized and em¬ 
powered in their discretion to enter upon, and sell at public auction 
in the city of Chicago, after notice in writing to the company and 
publication of a notice of said proposed sale, at least twice a week 
for eight (8) weeks in one or more newspapers printed in said city 
of Chicago, and such other place or places as the trustees think 


proper, the whole of said company’s lands, railroad and other prop- 
ertv or so much thereof as shall be necessary to retire such over- 
due obligations of said company. The trustees or trustee for the 
time being may adjourn such sale from time to time in their discre¬ 
tion; and, if so adjourned, make the said sale at the time and place 
to which the same shall be so adjourned; and may make and deliver 
to the purchaser or purchasers thereof, good and sufficient 
deed or deeds of the same in fee simple, and said sale, so 
made as aforesaid, shall be a perpetual bar both in law 
and equity against said company and all other persons law- 




48 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 

fully claiming or to claim said premises or any part thereof, 
by, through, from or under said company; and, after deduct¬ 
ing from the proceeds of such sale, just allowances for all 
expenses of such sale as well as all attorneys’ and counsels’ fees as 
all other expenses, advances and liabilities which said trustees may 
have made or incurred in the premises, and also all payments which 
may have been made by them for taxes or assessments for charges 
and liens, prior to the lien of these presents, if any, on the said 
premises, or any part thereof, as well as reasonable compensation 
for their own services, said trustees shall apply the net proceeds to 
the payment, first , of the principal and accrued interest of such of 
the aforesaid first mortgage terminal bonds as are at that time un¬ 
paid, whether or not said bonds shall have previously become due 
by the terms thereof; and, second , to the payment of the interest 
which shall have at that time accrued and be unpaid, subject to the 
respective priorities herein declared, upon said first mortgage cou¬ 
pons ; and, third , if, after satisfaction of said first mortgage termi¬ 
nal bonds and coupons, and the interest thereon, any surplus shall 
remain, said trustees shall apply the same to the payment of 
the second mortgage terminal bonds and the overdue interest 
thereon, pro rata , subject to the respective priorities herein de¬ 
clared among said second mortgage terminal bonds; and, fourth, if, 
any surplus shall then remain after both the first mortgage and 
second mortgage bonded indebtedness, and all costs and expenses 
are paid in full, said trustees shall pay the net residue over to said 
company, or to such other parties as shall be entitled lawfully to 
receive the same. If such sale be of only part of the mortgaged 
premises this power of sale may be executed whenever and as often 
as such defaults may happen, and the trustees, or trustee for the 
time being deem it expedient to exercise said power. 

Article Eleventh. If default be made at any time in payment 
of any interest or principal secured by this indenture according to 
its tenor and effect, or in any requirement to be taken or kept bv 
said company, and such default continues for six (6) months after 
demand by the trustees for such payment, or after notice of such 





PART IV. 


MORTGAGES. 


4b 


Chicago & Great Western R. R. Co., 1880. 


requirement made or given by them in writing to said company, 
then the trustees or trustee for the time being, may, in their dis¬ 
cretion, personally, or by their attorneys or agents, enter into and 
upon all and singular the premises hereby conveyed or intended so 
to. be, and each and every part thereof, and may thenceforth have, 
hold, use and operate the same by themselves, their superintend¬ 
ents, managers, receivers, servants, attorneys, or agents, and con¬ 
duct the business thereof, and make from time to time all repairs, 
replacements, alterations, additions, spurs, branches, extensions 
and improvements thereupon, and purchase such real estate and 
erect such buildings, and generally take such action as they or he 
deem necessary or expedient for the proper accommodation or in¬ 
crease of the business of said railroad; and may collect and receive 
all tolls, freight, incomes, rents, issues and profits of the same, and 
every part thereof; and, after deducting all expenses of operating 
said railroad and conducting its business, and of making all said 
repairs, replacements, alterations, additions, spurs, branches, ex¬ 
tensions, improvements, and payment of all demands for taxes, 
assessments, charges or liens prior to the lien of these presents 
upon the premises or any part thereof, and reserving* reasonable 
compensation for all their own services, and the services of their 
attorneys and of all other persons by them employed, said trustees 
shall apply the moneys arising as aforesaid, so far as the same are 
applicable, under the provisions of this indenture, as if no such de¬ 
fault had occurred, to the payment of interest upon the terminal 
bonds intended to be secured by this mortgage, in the order in 
which said interest is payable, according to the priorities herein 
among said classes, and in each class of said terminal bonds; and 
after all interest which shall have become due, is paid, and regular 
future payment of said interest, as it matures, appears in the judg¬ 
ment of said trustees to be probable, the trustees shall restore the 
premises aforesaid to the possession of said company, subject , how - 
ever, to the covenants and conditions of this indenture in the same 
manner and to the same extent as if no such entry had ever been made. 
This power of entry may be exercised as often as occasion therefor 






50 


MORTGAGES. 


FART i\\ 


Chicago & Great Western It. R. Co., 1880. 

shall arise in the judgment of the trustees pending this trust; and 
said trustees may continue to exercise the power herein granted 
for such period or periods as they deem expedient, unless and until 
a majority in interest of the holders of the bonded indebtedness 
shall otherwise in writing request. 

Article Twelfth. The trustees or trustee for the time being- 
are authorized in their discretion to enforce the rights of both 
classes and each class of bondholders under these presents in cases 
of default as shall be most expedient, in their discretion, for the 
common and equal benefit, first , of all the first mortgage bonded 
indebtedness, and, second , of all the second mortgage bonded in¬ 
debtedness secured by this indenture, subject to the priorities 
herein created and according to the tenor and effect of this indent¬ 
ure, subject, however , t-o the following restrictions and limitations: 

I. If such default be in any other thing than in payment of the 
interest upon, or the principal of said first mortgage terminal 
bonds, the trustees or trustee for the time being are authorized, at 
their or his discretion, and without appeal or control by said 
bondholders or any of them, to waive or enforce the rights arising 
by reason of such default under this indenture in such manner and 
to such extent as they or he deem for the interest of this trust. 

II. If such default be in the payment of any interest upon, or 
the principal of, either class of said terminal mortgage bonds, then 
upon written requisition, served upon the trustees or trustee for 
the time being, and signed by the holders of not less than twenty- 
five (25) per centum of the aggregate amount of all that class of 
terminal mortgage bonds then outstanding in default, together 
with indemnification by the persons making- such requisition to the 
trustees, or trustee for the time being, against all costs and ex¬ 
penses by said trustees or trustee to be incurred, to enforce the 
rights of the holders of such terminal mortgage bonds as are then 
in default, by entry, sale, or legal proceedings in such manner, 
and only so far as shall be expedient for the common and equal 
proportionate benefit of all such terminal mortgage bonds as are in 
default, subject to the priorities herein declared. 




PART IV. 


MORTGAGES. 


51 


Chicago & Great Western R. R. Co., 1886. 


But upon such written requisition, signed by the holders of a 
majority of either class of said terminal mortgage bonds then out¬ 
standing under this indenture, and accompanied, if said trustees or 
trustee so elect, with the deposit in the hands of said trustees or 
trustee, of the major part of all that class of said outstanding 
terminal bonds in indemnification and support of said trustees’ or 
trustee’s action, then it shall be the duty of the trustees, or trustee 
for the time being, to enforce the rights of that class of such 
terminal mortmio-e bondholders in the manner and to the extent 

O O 

prescribed in such requisition and not otherwise, unless such pre¬ 
scribed action shall be modified, recalled or changed by any sub- 
seqent similar requisition or requisitions from time to time made, 
provided lioicever , that said prescribed action must always conform 
to the provisions of this indenture, and must not impair any rights 
vested, under this indenture, in the holders of said first mortgage 
terminal bonds, or of the minor part of that class of said terminal 
mortgage bonds not joining in signing such requisition or requisi¬ 
tions, and must not impair any rights which may be vested under 
this indenture in said second mortgage terminal bonds, against said 
first mortgage terminal bonds, it being the intent of this provision 
to secure to the holders of the majority in interest of all outstand¬ 
ing terminal mortmme bonds of each class secured under and by 

^ O O 

this indenture the same control in prescribing the action of the 
trustees as to their class and among themselves, in such event, as 
the holders of a majority of said company’s stock possessed in the 
management of said company before such default. 

111. No provisions of this indenture shall be construed to im¬ 
pair or limit the power of the trustees, or trustee for the time 
beino* to act of their own motion, whenever, and if, and as they 
deem it expedient for the benefit of their trust and their cestuis que 
trust; and any action of either trustees or bondholders in waiving 
any default shall never be taken to affect any subsequent default, 
or to impair, at any time or in any manner, any of the rights there¬ 
upon arising on the first default, or any subsequent default. 

Article Thirteenth. The second mortgage terminal bonds 




52 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 188G. 

issued under this indenture are entitled to be paid, principal and 
interest, when and as the same are by their tenor made payable; 
and all the powers conferred upon said trustees for the benefit of 
the first mortgage terminal bonds, are also conferred upon the 
trustees, or the trustee for the time being, acting under this in¬ 
denture for the benefit of the second mortgage terminal bonds, 
provided however , that said second mortgage bonded indebtedness 
is at all times subsequent and inferior to the first mortgage bonded 
indebtedness; and provided further, that said powers shall never 
be exercised for the benefit of said second mortgage bonded indebt- 
edness, against, or to the prejudice or impairment of the rights of 
the first mortgage bonded indebtedness to prior, full satisfaction 
and payment. Said second mortgage terminal bonds are payable, 
principal and interest, out of the income of said company’s railroad 
and property, unless and until default is made upon the first 
mortgage bonded indebtedness under the terms of this indenture; 
but, in case of such default on such first mortgage bonded indebt- 
edness under the terms of this indenture, and of sale to satisfy 
said first mortgage bonded indebtedness, said second mortgage 
terminal bonds are payable only out of such surplus proceeds as 
shall remain after the first mortgage bonded indebtedness, princi¬ 
pal and interest, shall have been paid in full. The interest on all 
said terminal bonds is payable when and as the same matures, to 
its full amount, together with interest at the rate of five (5) per 
centum per annum on any and all deferred coupons; and any and 
all overdue and deferred coupons must be paid, with interest at 
the same rate, before any dividend shall be made upon any stock 
of said railroad company; but, so long as the interest on all said 
terminal bonds shall be regularly and fully paid, the surplus in¬ 
come of said company shall be at the disposal of said company. 

Article Fourteenth. The word, trustees, whenever used 
herein, shall be construed to include the trustees herein above 
named, and the survivor of them, and their and his successors and 
successor, survivors and survivor, acting for the time being, at any 
time, in the capacity of trustees or trustee under this indenture. 





FART IV. 


MORTGAGES. 


53 


Chicago & Great Western R. R. Co., 1886. 


The trustees, and each of them, may, at his and their discretion, 
employ or advise with counsel learned in the law; and all expenses 
thereof, and all the personal expenses of the trustees in discharge 
of their trust, and all other reasonable and proper charges and ex¬ 
penses of the trustees, together with compensation for all the ser¬ 
vices by them or either of them rendered in their trust, shall be 
paid by said company as they are incurred; and otherwise, out of 
the trust estate herein created; and whenever said trustees act 
under this trust, they are hereby invested with full power to sub¬ 
mit, from time to time, any and all questions of law or fact, aris¬ 
ing in the execution hereof, to arbitration; and also to compro¬ 
mise and settle, in their discretion, any and all such questions; 
and said company hereby consents that, upon application of the 
trustees to any court of equity having jurisdiction hereof, specific 
performance of any and all agreements and covenants herein con¬ 
tained or implied, shall be decreed to be performed by said com¬ 
pany, its successors and assigns. 

Article Fifteenth. Whenever said trustees shall be at any 
time reduced to one in number from any cause, the trustee surviv¬ 


ing or continuing shall thereupon lie and become vested with every 
power conferred under this indenture upon the trustees named 
herein, without any further assurance or conveyance; and said sur¬ 
viving or continuing trustee, may, with the consent of the holcleis 
for the time being of a majority of all the first mortgage terminal 
bonds then outstanding under, and secured by, this indenture of 
trust, appoint a new co-trustee, by instrument in writing under Ins 
hand and seal, and cause the same to be recorded in the office of 
the Secretary of State for the State of Illinois; and thereupon all 
the estate of the outgoing trustee shall be vested in such new trustee, 
as fully as if he had been originally named in this indenture. If, 
for any cause, such vacancy shall remain unfilled for six (G) months, 
any judge of the Circuit Court of the United States in the Northern 
District of Illinois, upon application of the surviving or continuing 
trustee; or of the holder or holders of bonds to the amount of 
one-tenth (1-10) of the entire issue thereof, then outstanding un- 





'54 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 

der this indenture, or failing such application, then, upon petition 
of said company, may till the vacancy, by appointment of any 
suitable person, who shall thereupon be and become such trustee, 
with the same powers as if he had been originally named herein. 
If, from any cause, there be total vacancy of the office of the trus¬ 
tees hereunder, the vacancy may be immediately tilled by such 
judge upon application made as aforesaid, after ten (10) days no¬ 
tice to said company. 

Article Sixteenth. It is hereby stipulated and agreed by 
and between the parties hereto, as a condition precedent to their 
acceptance of said trust by said trustees, that they shall not, in any 
manner, be responsible for any act, default or misconduct of each 
other; nor for any act, default or misconduct of any agent by them 
employed; nor shall either of them be answerable except for his 
own wilful default or misconduct. Either and each trustee may 
resign and discharge himself of the trust created by this indenture, 
by notice in writing to said company, its successors or assigns, 
and to his co-trustee, if any, not less than three (3) months before 
such resignation shall take effect, unless some shorter time shall 
be mutually agreed upon to be adequate notice; and thereafter 
upon execution and delivery by him of a proper deed of release to 
his associate in said trust, he shall be thenceforth discharged. 

Article Seventeenth. Whenever, and if, and as often as there 
is any failure on the part of said company to pay the interest on its 
second mortgage terminal bonds according- to their tenor, although 
the interest on all its first mortgage bonded indebtedness may be 
punctually and regularly paid, then the trustees, and trustee for 
the time being, may in their discretion exercise for the benefit of 
said second mortgage terminal bonds, each and every the powers 
hereinbefore conferred upon them, relative to the first mortgage 
terminal bonds; and may, from time to time, take such action gen¬ 
erally as they deem expedient, subject always to the first mortgage 
bonded indebtedness, to protect said second mortgage terminal 
bonds, and procure or enforce payment of the interest thereon when 
and as it matures upon them. 






PART IV. 


MORTGAGES. 


Chicago <& Great Western R. R. Co., 1886. 


In witness whereof, the Chicago and Great Western Railroad 
Company has caused these presents to be signed by Charles L. 
Colby, its President, and Howard Morris, its Assistant Secretary, 
thereunto lawfully authorized by votes of the stockholders of said 
company, and its corporate seal to lie hereto affixed, and said 
John A. Stewart and Edwin H. Abbot have hereunto set their 
hands and seals, in token of their acceptance of the trusts herein 
created this first (1) day of May, one thousand eight hundred and 
eighty-six (1886). 

Chicago and Great Western Railroad Company, by 

Chicago and Great Western ChaS. L. CoLBl, 

Railroad Company. President. 

Corporate Seal. 

Attest: 

Howard Morris, 

Assistant Secretary. 


John A. Stewart, [seal.] 
Edwin H. Abbot. [seal.] 


State of New York, 

City and County of New York. 



Be it remembered that on this third day of May A. D. 1886, 
personally came before me, a notary public in and for the county 
and State of New York, aforesaid, Charles L. Colby, who being 
first by me duly sworn, upon oath did depose and say, that he 
signed and executed the foregoing indenture of trust and mortgage 
pursuant of express vote of the Chicago and Great Western Rail¬ 
road Company, thereunto authorizing him; and that the seal at¬ 
tached thereto is the common and corporate seal of said company, 
and was thereunto affixed by its authority; and said Charles L. 
Colby did then and there acknowledge the foregoing instrument to 
be the free act and deed of said company and of himself individu¬ 
ally, for the uses and purposes therein set forth. 








MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 


Witness my hand and notarial seal this third day of May A. D. 


1886 . 


Notary Public, 

City and County of New York. 


William E. Rudischhauser, 


William E. Rudischhauser, 

Notary Public , (40) 
N. Y. Co. 


State of Wisconsin, ) 

7 > SS 

County of Milwaukee. ) 

Be it remembered that on this first day of May, A. D. 1886, 
personally came before me, a notary public in and for the county 
of Milwaukee and State of Wisconsin, Howard Morris , who being 
first by me duly sworn and interrogated, upon oath did depose and 
say that he attested and subscribed the foregoing indenture of 
trust and mortgage, as Assistant Secretary of the Chicago and 
Great Western Railroad Company, pursuant of express vote of said 
company thereunto authorizing him; and that the seal appearing 
attached thereto is the common and corporate seal of said company, 
and was thereunto affixed by authority of said corporation; and 
said Morris did then and there acknowledge the foreo’oiim instru- 
ment to be the free act and deed of said company and of himself 
individually, for the uses and purposes therein set forth. 


William Shimwell, 
Notary Public, 

Milwaukee County, Wisconsin. 


Wm. Shimwell, 
Notary Public, 
Milwaukee County, Wis. 


State of New York, 

City and County of New York. 



On this third day of May, A. JD. 1886, before me personally ap¬ 
peared John A. Stewart, to me personally known to be one of the 
persons described in and who executed the foreo-oiim indenture of 
trust and mortgage, and acknowledged that he executed the same 
freely and voluntarily for the purposes therein set forth. 







PART IV. 


MORTGAGES. 


57 


Chicago & Great Western R. R. Co., 188G. 


Witness my hand and notarial seal, this third day of May, A. D. 
1886. 


William E. Rudischhauser, 
Notary Public, 

City and County of New York. 


William E. Rudischhauser, 
Notary Public, (40) 
N Y. Co. 


State of Wisconsin, ) 

r SS 

County of Milwaukee, f 

On this sixth day of May, A. JD. 1886, before me personally ap¬ 
peared JEdwin H. Abbot, to me personally known to be one of the 
persons described in and who executed the foregoing indenture of 
trust and mortgage, and acknowledged that he executed the same 
freely and voluntarily for the purposes therein set forth. 

Witness my hand and notarial seal, this sixth day of May, A. D. 
1886. 

William Shimwell, 

Wm . s him well, Notary Puhlic ’ 

Notary Public, Milwaukee County, Wisconsin. 

Milwaukee County, Wis. a 


State of 
No. 


Illinois 

No. 


$ 1,000 $ 1,000 

CHICAGO AND GREAT WESTERN RAILROAD COMPANY 


First Mortgage Five Per Cent. Fifty Year Gold Terminal 

Bond. 


The Chicago and Great Western Railroad Company, a corporation 
duly existing under the laws of the State of Illinois, hereby ac¬ 
knowledges itself to he indebted to John A. Stewart and Edwin H. 
Abbot, Trustees, in the sum of One Thousand Dollars in the Gold 
Coined money of the United States, which sum said railroad com¬ 
pany promises to pay to said Trustees, their survivor, and succes¬ 
sors, or to the registered holder hereof, or, if this bond be unreg¬ 
istered, to the bearer hereof on the first day of June, A. D. 193(5, 
at its office in the city of New York. 








58 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 1886. 


This Bond draws interest from the first day of June, A. I). 188(i, 
until the same is paid, at the rate of five per centum per annum, 
payable at the office of the company in the City, County and State 
of New York, on presentation and surrender of the annexed cou¬ 
pons as they severally become due according to their tenor, upon 
the first days of December and June in each of said fifty years. 

It shall, unless this bond is registered, pass by delivery; but, if 
registered, then by transfer recorded in the books of said Company 
by the registered holder. After registration of ownership is certi¬ 
fied on this bond, no transfer, except and until recorded in its books 
shall be valid unless the last previous transfer shall have been to 
bearer. This bond is subject to successive registrations and trans¬ 
fers to bearer at the option of its lawful owner. 

This bond is one of Four thousand of the First Mortgage Bonds 
of the Chicago and Great Western Railroad Company and covers 
all its lands acquired and to be acquired, and all its buildings, rail¬ 
road, bridges and other structures built and to be built, and all its 
terminal facilities, yards, shops, rolling stock and motive power and 
all its other real and personal property of every description within 
the County of Cook, in said State of Illinois and all its income, 
tolls and franchises as provided in its mortgage. 

Said bonds are each for one thousand dollars and are numbered 
respectively from one to four thousand, inclusive, and bear even 
date herewith and are issued under and secured bv an indenture of 


Trust and Mortgage dated May 1st, A. D. 188(), executed between 
said Company and said Trustees and recorded according to the laws 
of Illinois prior to the certification of this bond. 

All the provisions of said trust deed are expressly made by said 
indenture and are hereby declared to be part of this bond and of 
every coupon hereto attached. Recourse shall never be had for pay¬ 
ment of this bond or any of its coupons to any individual liability 
of any stockholder in said Company. 

This bond is not to be valid unless and until certified by the 
signatures of both the Trustees above named and countersigned by 
The Farmers’ Loan and Trust Company, its registrar. The Wis¬ 
consin Central associated lines, comprising following corporations, 
viz: the Chicago, Wisconsin and Minnesota, the Milwaukee and 
Lake Winnebago, the Wisconsin Central, the Wisconsin and Min¬ 
nesota, and the Minnesota, Saint Croix and Wisconsin Railroad 
Companies, have by agreement of even date herewith jointly 
guaranteed the payment of the interest upon this bond when and 
as said interest becomes due. 

In Witness Whereof, the Chicago and Great Western Railroad 
Company has caused its Common Seal to be hereto affixed and this 





PART IV. 


MORTGAGES. 


59 


Chicago & Great Western R. R. Co., 1886. 


bond to be signed by its President and Assistant Secretary and 
countersigned by The Farmers’ Loan and Trust Company, its regis¬ 
trar, this first day of June, A. D. 1886. 


President. 


Asst. Secretary. 

Countersigned by 

Tiie Farmers’ Loan and Trust Company, 

Registrar. 

By. 

Vice- Pj ■ esident. 


$25. 

THE CHICAGO AND GREAT WESTERN RAILROAD COM¬ 
PANY ay ill pay at its office in the City of New Pork, N. \ on the 
first day of June, 1936, on surrender of this coupon in gold coined 
money of the United States, the sum of twenty-five dollars, being 
six months’ interest due that day on its First Mortgage Bond No. . . 
Coupon No. 100. 

Ciias. L. Colby, 

Treasurer. 


$25, 

THE CHICAGO AND GREAT WESTERN RAILROAD COM¬ 
PANY will pay at its office in the City of New York, N. Y., on 
the first day of Dec., 1935, on surrender of this coupon in gold 
coined money of the United States, the sum of twenty-five dollars, 
being six months’ interest due that day on its First Mortgage 

Bond No. 

Coupon No. 99. 

Ciias. L. Colby, 

Treasurer. 

(Endorsed.) 

Trustees’ Certificate. 

We certify that this bond is one of the First Mortgage Bonds of 
the Chicago and Great Western Railroad Company and is entitled 
to the benefits of the Trust deed to us, Dated May first, A. D. 
1886, as therein declared, and that said Trust deed is duly re¬ 
corded according to law in the State of Illinois. 


Trustees. 










GO 


MORTGAGES. 


PART IV. 


Chicago & Great Western R. R. Co., 188G. 

This bond is registered on the books of the Company in New 

York, N. Y., in the name of.of. 

.this.day.., A. D. 

i/ 

18 . 

Tiie Farmers Loan and Trust Company, 

Registrar. 


President. 


Notice! Nothing can be written on this bond except by one of 
the Trustees or their Register without impairing its negotiability. 


Date of Registry. | In Whose Name Registered. | Transfer Agent. 


$ 1 , 000 . 

UNITED STATES OF AMERICA. 

STATE OF ILLINOIS. 

No.. No...... 

Chicago and Great Western Railroad Company. 

$ 1 , 000 . $ 1 , 000 . 

Second Mortgage. 

Frye Per Cent. Fifty Year Gold Terminal Bond. 

The Chicago and Great Western Railroad Company, a corpora¬ 
tion duly existing under the laws of the State of Illinois, hereby 
acknowledges itself to be indebted to John A. Stewart and Edwin 
H. Abbot, Trustees, in the sum of One Thousand Dollars in the 
Gold Coined money of the United States, which sum said Railroad 
Company promises to pay to said Trustees, their survivor, and suc¬ 
cessors, or to the registered holder hereof, or, if this bond be un¬ 
registered, to the bearer hereof on the first day of June, A. D. 
1936. This Bond draws interest from the first day of June, A. 1). 
1886, until the same is paid, at the rate of five per centum per an¬ 
num, payable at the office of the Company in the City, County 
and State of New York on presentation and surrender of the an¬ 
nexed coupons as they severally become due according to their 
tenor. 

It shall, unless this bond is registered, pass In' delivers'; but, if 
registered, then by transfer recorded in the books of said Company 
by the registered holder. After registration of ownership is certi¬ 
fied on this bond, no transfer, except and until recorded in its 
books, shall be valid unless the last previous transfer shall have 
been made to bearer. This bond is subject to successive replstra- 














PART IV. 


MORTGAGES. 


<51 


Chicago & Great Western R. R. Co., 1886. 


tions and transfers to bearer at the option of its lawful owner. 
This bond is one of Four Thousand of the Second Mortgage Bonds 
of The Chicago and Great Western Railroad Company and covers 
all its land acquired and to be acquired, and all its railroad, bridges 
and other structures built and to be built and all its terminal facil¬ 
ities, yards, shops, rolling stock and motive power, and all its 
other real and personal property of every description within the 
County of Cook, in said State of Illinois, and all its income, tolls 
and franchises as provided in its mortgage, subject, however, to 
the prior lien of four million dollars first mortgage bonds of even 
date herewith, and interest, costs and expenses, if any, thereon ac¬ 
cruing until fully paid. 

Said bonds are each for one thousand dollars and are numbered 
respectively from one to four thousand, inclusive, and bear even 
date herewith and are issued under and secured by an indenture of 
Trust and Mortgage, dated May 1st, A. D. 1886, executed between 
said Company and said Trustees and recorded according to the 
laws of Illinois prior to the certification of this bond. 

All the provisions of said Trust Deed are expressly made by 
said indenture and are hereby declared to be part of this bond and 
of every coupon hereto attached. Recourse shall not be had for 
payment of this bond or any of its coupons to any individual lia¬ 
bility of any stockholder in said Company. This bond is not to be 
valid unless and until certified by the signatures of both the 
Trustees above named and Countersigned by The Farmers’ Loan and 
Trust Company, its registrar. ’ 

In W itness Whereof, the Chicago and Great Western Railroad 
Company has caused its Common Seal to be hereto affixed and this 
bond to be signed by its President and Assistant Secretary and 
Countersigned by The Farmers’ Loan and Trust Company, its Reg¬ 
istrar, this first day of June, A. D. 1886. 


President. 


Countersigned by 
The Farmers’ 


Assistant Secretary. 
Loan and Trust Company, 



Vice President. 

















MORTGAGES. 


PART IV. 


62 


Chicago & Great Western It. R. Co., 1886. 

$25. 

THE CHIGAGO A AD GREAT WESTERN RAILROAD COM¬ 
PANY will pay at its office in the City of New York, N. Y., on 
the first day of June, 1936, on surrender of this coupon, in gold 
coined money of the United States, the sum of Twenty-five Dol¬ 
lars, being six months’ interest, due that day on its second mort¬ 
gage bond No.. . 

Coupon No. 100. Chas. L. Colby, 

Treasurer . 


$25. 

THE CHICAGO AND GREAT WESTERN RAILROAD COM¬ 


PANY will pay at its office in the City of New York, N. Y., on the 
first day of Dec. 1935, on surrender of this coupon in gold coined 
money of the United States, the sum of Twenty-five Dollars, being 
six months’ interest due that day on its second mortg-ao-e bond 
No. 

Coupon No. 99. Chas. L. Colby. 

7 reasurer. 


(Endorsed.) 


Trustees’ Certificate. 

We certify that this bond is one of the second mortgage bonds 
of the Chicago and Great Western Railroad Company and is en¬ 
titled to the benefits of the Trust Deed to us dated May first, 
A. D. 1886, as therein declared and that said Trust Deed is duly 
recorded according to law in the State of Illinois. 


Trustees. 


This bond is registered on the books of the company in New 

York, N. Y., in the name of.this 

.-.day.A. D. 18. 

The Farmers’ Loan and Trust Company, 

Registrar . 

President. 


Notice. 

Nothing can be writ ten on this bond except by one of the trustees 
or their register without impairing its negotiability. 

Date of Registry. | In Whose Name Registered. I 'Transfer Agent. 

















PART IV. 


MORTGAGES. 


63 


Chicago & Great Western It. It. Co., 1886. 


At a special meeting of the stockholders of the Chicago and 
Great Western Railroad Company called by the directors thereof, 
for the purpose of acting upon the matters covered by the orders 
and resolutions hereinafter set forth, and for the purpose of en¬ 
abling this corporation to borrow such sums of money as maybe 
necessary for completing, furnishing, improving and operating its 
railroad, and of securing the payments of debts contracted by 
said corporation for the purposes aforesaid, and held by and after 
notice duly given to and served upon and published, according to 
the laws of Illinois and the by-laws of said corporation, all the 
stockholders of the Chicago and Great Western Railroad Company, 
to wit: the holders of eighty thousand (80,000) shares thereof, 
met at the office of said company in Room 415, No. 164 Dear¬ 
born street, in the First National Bank Building, so-called, situate 
on the corner of Monroe street and Dearborn street, in the City of 


Chicago and Comity of Cook and State of Illinois, at ten o’clock 
a. m. of Saturday, the first (1st) day of May, A. D. eighteen hun¬ 
dred and eiglity-six (1886). The holders of all the shares of the 
entire capital stock, to wit: eight millions of dollars ($8,000,000) 
at its face value, of the Chicago and Great Western Railroad Com¬ 
pany were present in person or represented by proxy duly fur¬ 
nished to the secretary of said meeting; and thereupon said stock¬ 
holders declared that they accepted and acknowledged full, due 
and lawful notice of said meeting and of the purposes for which 
the same was convened. Thereupon the following resolutions 
were unanimously adopted, the holders of more than two-thirds 
(|) in amount of the stock of such corporation concurring therein 
and voting for the passage of the following orders and resolutions. 

Voted. That the directors of this corporation be, and they 
hcrebv are, authorized, and that the president and secretary of 
said corporation be, and they hereby are, authorized to sign, 
seal, execute and deliver, under the seal of and in behalf of 
this corporation, to John A. Stewart of the City, County and State 
of New York and Edwin H. Abbot of the City and County of Mil¬ 
waukee and State of Wisconsin, as Trustees, the indenture of trust 






64 


MORTGAGES. 


PAliT IV. 


Chicago & Great Western E. E. Co., 1886. 


and mortgage herewith submitted to this meeting, dated this first 
(1st) day of May, A. D. eighteen hundred and eighty-six (1886), 
and securing the issue of eight thousand (8,000) bonds, each for 
the sum of one thousand dollars ($1,000) face value, being an 
amount of bonds not exceeding the amount of the capital stock of 
this company, by which indenture this corporation conveys all its 
Cook County terminals, yard and other property therein described, 
within the Countv of Cook and State of Illinois, built and to be 
built, acquired and to be acquired, for its railroad purposes and 
terminal accommodation therein, together with all its revenues, 
real and personal property, rights, privileges and franchise what¬ 
soever, income, choses in action, as well as clioses in possession, to 
said John A. Stewart and Edwin II. Abbot aforesaid, as trustees, 
to secure the punctual payment, both principal and interest, of and 
upon four thousand (4,000) first mortgage terminal bonds, each for 
the sum of one thousand dollars ($1,000) and amounting in all to 
four millions of dollars ($4,000,000) face value, and upon four 
thousand (4,000) second mortgage terminal bonds, each for the 
sum of one thousand dollars ($1,000) and amounting in all to four 
millions of dollars ($4,000,000) face value; each of said eight 
thousand (8,000) bonds being payable in fifty (50) years from and 
after the first (1st) day of June, A. D. eighteen hundred and 
eighty-six (1886), and drawing interest at the rate of five (5) per 
centum per annum, payable semi-annually on the first (1st) days 
of December and June in each year, from and after the first (1st) 
day of June, A. I). eighteen hundred and eighty-six (1886), in 
gold coined money of the United States of America of present 
standard gauge and purity. Said four thousand (4,000) first mort¬ 
gage terminal bonds, both principal and interest, having a prior 
lien to and over said four thousand second mortgage terminal bonds, 
but otherwise being substantially of like form and terms, except¬ 
ing that the payment, when and as the interest coupons on said 
four thousand (4,000) first mortgage terminal bonds become due, 
is guaranteed jointly by the W isconsin Central Associated lines, so 
called, 





PART IV. 


MORTGAGES. 


65 


Chicago & Great Western R. It. Co., 1880. 

Voted. That said John A. Stewart and EdwinH. Abbot be, and 
they hereby are, requested to act as trustees in and under the said 
indenture of trust and mortgage, dated May first (1st), A. D. 
eighteen hundred and eighty-six (1886), and in the eight thousand 
(8,000) bonds of this company secured thereunder and dated June 
first (1st), A. D. eighteen hundred and eighty-six (1880); and that 
said Stewart and Abbot be, and they hereby are, requested to ac¬ 
cept delivery of said indenture of trust and mortgage of this com- 
pany, so as aforesaid authorized to be executed to them. 

Voted . That the form of indenture of trust and mortgage dated 
the first (1st) day of May, A. D. eighteen hundred and eighty-six 
(1886), and the form of first mortgage terminal bonds and the 
form of second mortgage terminal bonds, both secured under said 
indenture, and both dated June first (1st), A. D. eighteen hundred 
and eighty-six (1886), and herewith submitted, and hereinafter to 
be recorded in the records of this company, are hereby approved 
and adopted. 

Thereupon the result of the vote thereon having been declared, 
and the same having been accepted and ratified by unanimous vote 
of the stockholders of this company, the directors of said company 
were convened, and a quorum for the transaction of business being 
present, the board adopted, ratified and confirmed, as the action 
of the board of directors, the votes of the stockholders hereinbe¬ 
fore set forth, and directed the secretary to cause said indenture of 
trust and mortgage, after the same shall have been duly executed 
by the president and secretary under the seal of this corporation, 
and accepted by said trustees, and properly acknowledged, to be 
recorded in the office of the recorder of deeds of Cook County, 
wherein all the property covered by said indenture of trust and 
mort< 2 ra< 2 re is situate, and also to be recorded in the office of the 
Secretary of State of the State of Illinois. 

A true record, 

Attest: Howard Morris, 

Assistant Secretary of the Chicago and 

Great Western Railroad Company. 







G6 


MORTGAGES. 


PART IV, 


Chicago & Great Western R. R. Co., 1SS6. 


State of Illinois, ) 

County of Cook, j ss * 

I, Howard Morris, Assistant Secretary of the Chicago and Great 
Western Railroad Company, do hereby certify that the above and 
foregoing is a true and correct transcript and copy of and from the 
records of the Chicago and Great Western Railroad Company, 
which are now in my possession and under my control as such of¬ 
ficer of such corporation. 

In Witness Whereof, I have hereunto set my hand and affixed 
the corporate seal of said company this twenty-eighth (28th) day of 
May, A. D. eighteen hundred and eighty-six (1886.) 

Howard Morris, 

Assistant Secretary of the Chicago and 

Great Western Railroad Company . 

Chicago and Great Western 
Corporate Seal 
Railroad Company. 


Filed in the office of the Secretary of State of Illinois, May 
29th, 1886. 

Filed in the office of the Recorder of Cook County, Illinois, 

t 7 / 

May 29th, 









PART IV. 


MORTGAGES. 


07 


FIRST MORTGAGE. 

Chicago and Northern Pacific Railroad Company. 

[April 1st, 1890.] 

This Indenture, made this first day of April, A. D. one thou¬ 
sand eight hundred and ninety, by and between the Chicago and 
Northern Pacific Railroad Company, a corporation duly created, 
organized and existing under and by virtue of the laws of the State 
of Illinois, party of the first part, hereinafter called the Railroad 
Company, and The Farmers’ Loan and Trust Company, in the City 
of New York, a corporation duly created, organized and existing 
under and by virtue of the laws of the State of New York, here¬ 
inafter called the Trustee, 

Whereas, The Railroad Company, in the due exercise of the 
powers conferred upon it by law, has acquired by deed from John 
P. Neal and Marguerite L. Neal, his wife, and now owns and pos¬ 
sesses certain lands and premises, situated at the corner of Harrison 
street and Fifth avenue, in the City of Chicago, in the State of 
Illinois, and generally described as Block Eighty-eight (88) and 
the North half of Block Eighty-seven (87) in the School Sec¬ 
tion Addition to the said City of Chicago, being a subdivision of 
Section Sixteen (1(1) Township Thirty-Nine (39) North, Range 
Fourteen (14) East of the Third (3rd) Principal Meridian; with 
the stations and other buildings, railway tracks, terminal facilities 
and improvements erected thereon, which said lands, premises, 
stations, facilities and improvements are subject, however, to a 
purchase money mortgage to the City of Chicago, dated the twen¬ 
ty-first day of March, A. I). 1888, to secure an indebtedness of six 
hundred and fifty thousand dollars ($650,000), bearing interest at 
the rate of five (5) per centum per annum, payable semi-annually 
on the first day of May and the first day of November in each year 
until paid, and maturing on the first day of May, A. D. 1938; 
and 

Whereas, The Railroad Company has al'sq_acquired and now 






MORTGAGES. 


PART IV. 


68 


Chicago & Northern Pacific R. R. Co., 1890. 

owns, holds and possesses, maintains and operates all of the rail¬ 
ways and all the property, real and personal, of every kind and 
description, formerly belonging to the following railway corpora¬ 
tions created, organized and existing under and Ry virtue of the 
laws of the State of Illinois, namely: the Chicago and Great 
Western Railroad Company, the Bridgeport and South Chicago 
Railroad Company, and the Chicago, Harlem and Batavia Railway 
Company; and has also acquired, and is now vested with all the 
rights, franchises, ordinances and privileges of every kind and de¬ 
scription formerly exercised by or belonging to the said railway 
corporations, and each of them; and 

Whereas, The property, acquired as aforesaid from the Chicago 
and Great Western Railroad Company, is subject to a certain 
mortgage or deed of trust, bearing date the first day of May, A. 
D. 1886, executed by the said Railroad Company to John A. 
Stewart and Edwin H. Abbot, Trustees, to secure an issue of first 
mortgage bonds by the said Chicago and Great Western Railroad 
Company to the amount at their par value of four millions of dol¬ 
lars ($4,000,000), and also an issue of second mortgage bonds to 
the amount at their par value of four millions of dollars, ($4,000,- 
000), the bonds of each said issue bearing interest at the rate of 
five per centum per annum; and 

Whereas, All of said bonds were duly issued and negotiated in 
accordance with the terms of said mortgage or deed of trust, and 
the Railroad Company, under and in accordance with the contracts, 
made by it for the acquisition of the property of the said Chicago 
and Great Western Railroad Company, has acquired all of said 
second mortgage bonds and all of said first mortgage bonds, ex- 
cept first mortgage bonds at their par value amounting to the sum 
of three hundred and ninety-nine thousand dollars ($399,000), 
which are now outstanding and not owned or controlled by the 
Railroad Company; and has caused all the said bonds, acquired by 
it as aforesaid, to be duly canceled and delivered to said John A. 
Stewart and Edwin H. Abbot, Trustees as aforesaid; and 

Whereas, The Railroad Company proposes to extend, complete 






PART IV. 


MORTGAGES. 


69 


Chicago & Northern Pacific E. E. Co., 1890. 

and develop the railway lines, terminal facilities and properties 
now owned and possessed by it, acquired as aforesaid, and here¬ 
inafter more particularly described, and to exercise the franchises 
and privileges pertaining thereto; and 

Whereas, The Railroad Company, by Indenture bearing even 
date herewith, proposes to make a lease of all its property and 
corporate rights and franchises to the Wisconsin Central Company 
and the Wisconsin Central Railroad Company, corporations organ¬ 
ized and existing under the laws of the States of Wisconsin and 
Minnesota, upon certain terms, and reserving certain rentals as in 
said Indenture particularly stated; and 

Whereas, The Railroad Company from time to time hereafter 
may make other leases of, or grant running rights over, its said 
properties to other railway corporations, seeking entrance into the 
City of Chicago, upon terms not inconsistent with the provisions of 
the aforesaid lease to the said Wisconsin Central and Wisconsin 
Central Railroad Companies; and 

Whereas, The Railroad Company desires to provide for the pay¬ 
ment and discharge of all the obligations incurred by it in the pur¬ 
chase of the said several above described lands, premises, stations, 
buildings, terminal facilities, railways and properties acquired by it 
as aforesaid, and to provide for the finishing and completing of 
the stations, depots and other improvements now in process of 
erection upon the said above described lands and premises, and now 
projected upon, or in connection with the said railway lines and 
terminal facilities aforesaid; and to provide funds for the exercise 
of the franchises and privileges, acquired by it from the said sev¬ 
eral railway corporations, as well as for the exercise of the rights 
and powers, specially conferred upon it by its own Articles of In¬ 
corporation, and also desires to provide for the payment and dis¬ 
charge of the said indebtedness to the City of Chicago, secured by 
the purchase money mortgage above described, at or before the 
maturity thereof, and for the payment, discharge or retirement of 
the said outstanding first mortgage bonds of the Chicago and Great 
Western Railroad Company, and to provide such funds as may be 









70 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

necessary for the equipment, maintenance and operation of its 
railways and property, and for the other purposes hereinafter ex¬ 
pressed ; and 

Whereas, For the purposes aforesaid and hereinafter in this In¬ 
denture more fully expressed, the Railroad Company has, by due 
action of its Stockholders and Board of Directors at meetings duly 
convened according to law, in the City of Chicago, State of Illinois, 
on the twenty-ninth day of March, A. D. 1890, determined to make 
and issue its first mortgage bonds to an amount not exceeding in 
the aggregate of the principal thereof the sum of thirty millions of 
dollars ($30,000,000), payable at the office of the Railroad Com¬ 
pany, in the City of New York, on the first day of April, A. D. 
1940, in gold coin of the United States of America, of or equal to 
the present standard of weight and fineness, bearing interest at the 
rate of five (5) per centum per annum, payable semi-annually on 
the first day of April and the first day of October in each and 
every year, according to the tenor of the coupons or interest war¬ 
rants thereto annexed, free from any and all taxes, that may be 
required by any present or future laws of the United States of 
America, or of the State of Illinois, to be deducted from said prin¬ 
cipal or interest, numbered consecutively from one to thirty thou¬ 
sand, each of said bonds to be duly executed under the seal of the 
Railroad Company, signed by its President or Vice-President and 
attested by its Secretary or Assistant Secretary, and the interest 
coupons thereto annexed to be authenticated by or with the en¬ 
graved signature of its Treasurer; and 

Whereas, In order to secure the payment of the principal and 
interest of all said bonds equally and ratably Avithout priority or 
distinction, irrespective of the date of the issue of the same, the 
Railroad Company has, by due action of its Stockholders and Board 
of Directors, as aforesaid, determined to execute and deliver this 
mortgage or deed of trust, and has further determined that each of 
said bonds shall be certified by the Trustee, Avhich certificate shall 
be conclusive, and the only proof that the same is secured by this 
Indenture, and that each of said bonds shall be substantially as 
follows, that is to say: 




PART IV. 


MORTGAGES. 


71 


Chicago & Northern Pacific R. R. Co.. 1890. 


[form OF BOND.] 

UNITED STATES OF AMERICA, 

State of Illinois. 

No. $1,000. 

Chicago and Northern Pacific Railroad Company. First Mort¬ 
gage, Five Per Cent. Fifty Year, Gold Bond. 

The Chicago and Northern Pacific Railroad Company, a railroad 
corporation organized under the laws of the State of Illinois, for 
value received hereby acknowledges itself indebted unto the bearer 
of this bond or, if this bond be registered, to the registered holder 
thereof, in the sum of one thousand dollars, which it hereby prom¬ 
ises to pay in United States gold coin of the present standard of 
weight and fineness on the first day of April A. D. 1940, at its office 
in the City of New York, with interest thereon from the first day 
of April A. D. 1890 at the rate of five per centum per annum, pay¬ 
able semi-annually on the first days of April and October on the 
presentation and surrender of the annexed coupons as they severally 
become due; such interest to be paid either in gold coin as afore¬ 
said in New York, or in pounds sterling or reichsmark at its agen¬ 
cies in London, Berlin and Frankfort o/M, at bearer’s election, as 
specified in said coupons. 

All payments upon this bond both of principal and interest shall 
be made without deduction for any tax or taxes that said Railroad 
Company may be required to pay or to retain therefrom by any 
present or future laws of the United States of America or of the 
State of Illinois, said Railroad Company hereby covenanting and 
agreeing to pay any and all such tax or taxes. 

This bond is one of a series of thirty thousand bonds all of the 
same tenor and date, numbered consecutively from one upwards 
and equally secured by a mortgage or deed of trust duly executed 
and delivered by the said Railroad Company to The Farmers’ Loan 
and Trust Company, of New York, as Trustee, bearing even date 
with this bond and covering the franchises and the real and per- 







72 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. It. Co., 1890. 

sonal property of the said Railroad Company as therein described, 
to all the provisions of which mortgage or deed of trust this bond 
and each coupon hereto attached are subject. The principal of this 
bond may, in case of default in the payment of the interest thereon, 
become due and payable before maturity, upon the terms in said 
mortgage provided. This bond, if unregistered, shall pass by de¬ 
livery, but, if registered, by transfer upon the books of said Rail¬ 
road Company in the City of New York. 

After registration of ownership properly certified hereon, no 
transfer except and until recorded on the said books shall be valid, 
unless the last previous transfer shall have been to bearer, which 
shall restore transferability by delivery; and this bond shall con¬ 
tinue subject to successive registrations and transfers to bearer at 
the option of each holder. Or the holder of this bond may at his 
option surrender the coupons annexed hereto to the said Railroad 
Company to be canceled and may have this bond registered and 
such cancellation certified hereon and thereafter this bond shall not 
be transferable to bearer, but the interest shall be payable to the 
registered holder hereof on the first days of April and October in 
each year at the office of the said Railroad Company in the City of 
New York. This bond shall not be valid until authenticated by the 
certificate endorsed hereon duly signed by said Trustee or its suc¬ 
cessor or successors in the trust. 

In witness whereof, the said Chicago and Northern Pacific 
Railroad Company has caused this bond to be signed in its corpo¬ 
rate name by its President or Vice-President and its corporate seal 
to be hereunto affixed and attested by its Secretary or Assistant 
Secretary this first day of April, A. D. 1890. 

Chicago and Northern Pacific Railroad Company. 

By 

[corporate seal.] Vice-President. 

Attest: 

Assistant Secretary . 




PART IV. 


MORTGAGES. 


73 


Chicago & Northern Pacific R, R. Co., 1890. 


[form of coupon.] 

£ 5. 2. 9. $25. 

The Chicago and Northern Pacific Railroad Company will pay to 
bearer as he may elect, either Twenty-five Dollars U. S. gold 
coin at the Company’s office in New York City, or Five Pounds, 
two shillings and nine pence at its agency in London, or one hun¬ 
dred and five Reichsmark at its agency in Berlin, or Frankfort 
o/M, on the first day of , being six months’ 

interest on its First Mortgage Bond No.- 

M. 105. 

Treasurer. 


(Endorsed) : 
Trustee’s Certificate. 


It is hereby certified that this bond is one of the series of 
bonds described in the mortgage or deed of trust therein men¬ 
tioned, executed by the Chicago and Northern Pacific Railroad 
Company to the undersigned as Trustee, bearing date the first day 


of April, A. D. 1890. 

The Farmers’ Loan and Trust Company, Trustee. 

By 


Vice-President. 


Now, THEREFORE, THIS INDENTURE WITNESSETH as follows .' 

The Chicago and Northern Pacific Railroad Company, in con¬ 
sideration of the premises and of one dollar, to it in hand paid by 
the Trustee, at or before the execution and delivery of this Indent¬ 
ure, the receipt whereof is hereby acknowledged, and in order to 
secure the due and punctual payment of the principal and interest 
of the bonds, to be issued as hereinbefore provided, to aii amount 
not exceeding in the aggregate of the principal thereof thirty mill¬ 
ions of dollars ($30,000,000), has granted, bargained and sold, 
transferred, assigned, set over, released, conveyed and confirmed, and 
by this Indenture does grant, bargain and sell, transfer, assign, 













74 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

set over, release, convey and confirm unto The Farmers’ Loan and 
Trust Company as Trustee, and to its successor or successors in the 
Trust, and its and their assigns forever, all and singular the fol¬ 
lowing described property, to wit : 

Block Eighty-eight (88) and the North half of Block Eighty- 
seven (87) in the School Section Addition to the City of Chicago, 
State of Illinois, being a subdivision of Section Sixteen (16), 
Township Thirty-Nine (39) North, Range Fourteen (14) East of 
the Third (3rd) Principal Meridian, together with the railway 
tracks, buildings, stations, depots and other improvements situated 
thereon; also all the railway lines, premises and real and personal 
property, formerly belonging to the said Chicago and Great West¬ 
ern Railroad Company, which said property includes the railway 
lines now constructed, beginning at a point of connection with the 
railway tracks upon said Block Eighty-eight (88), and the North 
half of Block Eighty-seven (87), in the said School Section Addi¬ 
tion to the City of Chicago, above described, extending thence 
Southerly and Southwesterly across the South branch of the Chi¬ 
cago River North of Twelfth street in said city, thence in a 
Southerly and Southwesterly direction to Stewart avenue in said 
city, thence in a general Westerly direction through said City of 
Chicago to the West line of Section Sixteen (16), in the Town of 
Cicero, Cook County, State of Illinois; also all the railway lines, 
premises and real and personal property, formerly belonging to 
the said Bridgeport and South Chicago Railroad Company, which 
said property now includes lands, railways and terminal facilities, 
forming part of a line of railway not yet completed, beginning at 
a point of connection with the line of railway formerly belonging 
to the Chicago and Great Western Railroad Company at or near 
Rebecca street in the City of Chicago, and extending thence in a 
general Southerly and Easterly direction to the Southern and 
Eastern limits of the County of Cook in the State of Illinois; and 
also all the railway lines, premises and real and personal property, 
formerly belonging to the Chicago, Harlem and Batavia Railway 
Company, which property includes the railway lines, commencing 




PART IV. 


MORTGAGES. 


I D 


Chicago & Northern Pacific R. R. Co., 1890. 


at a point of junction with the railway lines, formerly belonging 
to the said Chicago and Great Western Railroad Company, at or 
near Crawford avenue in the City of Chicago, extending thence 
Northerly to a point at or near West Randolph street in said city; 
thence in a general Westerly direction to a connection with .the 
railway line of the Chicago and Wisconsin Railroad Company in 
the County of Cook, State of Illinois, with a branch line running 
in a general Southerly direction to a point at or near Des Plaines 
avenue, in said County of Cook, State of Illinois, together with 
all the corporate rights, franchises, ordinances and privileges of 
the said several railway corporations, connected with or ap¬ 
purtenant to the construction,maintenance and operation of the said 
above described railway lines. 

Together with all the lands, tenements, hereditaments, ease¬ 
ments and appurtenances belonging or in anywise appertaining 
thereto, and all the railways, ways and rights of way, depot grounds 
tracks, bridges, viaducts, culverts, fences and other structures, 
depots, station houses, engine houses, car houses, freight houses, 
wood-houses, elevators, warehouses, power plants, machine and 
repair shops and their equipment, water tanks, turn-tables, super¬ 
structures, erections, buildings and fixtures, belonging to or con¬ 
nected with said lines of railway, hereinbefore particularly de¬ 
scribed, or the business thereof; also all locomotives, tenders, cars, 
and other rolling stock, equipment, rails, ties, fastenings, switches, 
side tracks, machinery, tools and implements, now owned by the 
Railroad Company, or hereafter acquired for use upon said railway 
lines; also all corporate rights, privileges, immunities, franchises 
and ordinances now held, possessed, or hereafter acquired by the 
Railroad Company, connected with or relating to the construction, 
operation, maintenance, use or enjoyment of said railway lines; 
also all other lands, leaseholds, premises and properties, real or 
personal, of whatever kind or description, now owned, or which 
may hereafter be acquired by the Railroad Company by the use of 
the bonds hereby secured or the proceeds thereof; also the Indent¬ 
ure of Contract and Lease bearing even date herewith, intended 






MORTGAGES. 


FART IV. 


rr n 

i b 


Chicago & Northern Pacific R. li. Co., 1890. 


to be executed forthwith upon the execution of this Indenture, made 
between the Railroad Company, party of the first part, and the 
Wisconsin Central Company and the Wisconsin Central Railroad 
Company, parties of the second part, and also all other leases and 
contracts, hereafter made by the Railroad Company with other rail¬ 
way corporations for rights over or upon the lines of railway, 
hereinbefore particularly described; subject , however, to the said 
purchase money mortgage to the City of Chicago upon said Block 
Eighty-eight (88), and the North half of Block Eighty-seven (87) 
in the School Section Addition to the said City of Chica S’o, and 

O 7 

the depots, buildings, erections and improvements thereon, to se¬ 
cure the said sum of six hundred and fifty thousand dollars 
($650,000) and interest; and subject further to the lien of the said 
mortgage or deed of trust, given by the said Chicago and Great 
Western Railroad Company to John A. Stewart and Edwin H. 
Abbot, Trustees, dated the first day of May, A. D. 1886, herein¬ 
before more particularly described, under which only bonds of the 
par value of three hundred and ninety-nine thousand dollars 
($399,000) are now outstanding as aforesaid. 

To have and to hold the said lands, premises, stations, facili¬ 
ties, railways, property, appurtenances, estates, rights, titles, in¬ 
terests, privileges, immunities and franchises unto The Farmers’ 
Loan and Trust Company, in the City of New York, its successor 
or successors, forever; 


In trust, nevertheless, for the equal, pro rata , benefit and se¬ 
curity of all and every the persons or corporations, who may be or 
become holders of any of the said bonds hereby secured, without 
any preference or priority of one bond over another, or others, by 
reason of priority in the time of issue or negotiation thereof, or 
otherwise, and for the uses and purposes hereinafter declared and 
expressed. 

It is hereby expressly covenanted and agreed by and between the 
pai ties hereto, the Railroad Company covenanting as well for itself 
as for its successor or successors and assigns, and the Trustee cove¬ 
nanting as well for itself as for its successor or successors in the 




PART IV. 


MORTGAGES. 


(( 


Chicago & Northern Pacific R. R. Co., 1890. 


trust, that the said above described lands, premises, railroad prop¬ 
erty, rights, franchises and appurtenances are to be held by the 
Trustee upon and for the trusts, uses and purposes following, that 
is to say: 

Article I.—The bonds to be issued under and secured by this 
Indenture shall not exceed, in the aggregate of the principal there¬ 
of, the sum of thirty millions of dollars ($30,000,000), and all the 
said bonds shall forthwith be executed by the Railroad Company 
and delivered to the Trustee. 

It shall be the duty of the Trustee from time to time to certify 
the said bonds, and re-deliver the same to the Railroad Company 
for issue, or to use and apply the same as hereinafter in the next 
succeeding article of this Indenture provided. 

Article II. — (a.) Eighteen thousand eight hundred and fifty 
(18,850) bonds shall be immediately certified by the Trustee and 
re-delivered to the Railroad Company to be issued and used by it in 
payment for the lands, premises and railway property, heretofore 
acquired by it, as aforesaid, by deed from John P. Neal and Mar¬ 
guerite L. Neal, his wife, and from the Chicago and Great West¬ 
ern Railroad Company, the Bridgeport and South Chicago Rail¬ 
road Company and the Chicago, Harlem and Batavia Railway Com¬ 
pany, in accordance with the covenants and obligations on the part 
of the Railroad Company, contained in its subsisting contracts for 
the acquisition of the said lands, premises and railway property. 

(5.) Six hundred and fifty (650) bonds shall be reserved and held 
by the Trustee to provide for the payment or discharge of the princi¬ 
pal and interest of the said indebtedness to the City of Chicago of six 
hundred and fifty thousand dollars ($650,000), secured by the said 
purchase money mortgage, hereinbefore described. The Trustee shall 
certify and deliver to the Railroad Company the said bonds, by this 
subdivision of this article reserved, whenever it shall be required to 
do so by resolutions of the Boards of Directors of the Railroad Com¬ 
pany and of the Northern Pacific Railroad Company, requesting such 
certification and delivery for the purpose of paying, or otherwise re¬ 
tiring or refunding the said indebtedness to the City of Chicago, and 








78 


MORTGAGES. 


FART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

showing the terms upon which the said bonds are to be used, or 
the prices at which they are to be sold, and their proceeds applied. 

(c.) Three hundred and ninety-nine (399) bonds shall be re¬ 
served and held by the Trustee for the purpose of providing for 
the purchase, payment or retirement of the said first mortgage 
bonds of the Chicago and Great Western Railroad Company, now 
outstanding as aforesaid to the amount of three hundred and ninety- 
nine thousand dollars ($399,000), which said bonds so reserved 
shall from time to time be certified by the Trustee and delivered 
to the Railroad Company, upon delivery to the Trustee in exchange 
therefor of an amount of the said first mortgage bonds of the Chicago 
and Great Western Railroad Company, equal at their par value to 
the amount of said bonds, so -from time to time certified and de¬ 
livered, provided, however, that the said Trustee shall, whenever 
requested so to do by resolutions of the Boards of Directors of the 
Railroad Company and of the Northern Pacific Railroad Company, 
from time to time certify and itself sell the bonds, by this subdivis¬ 
ion of this article reserved, at such prices and in such amounts as 
shall be prescribed in said resolutions, and apply the proceeds 
thereof to the purchase of the said outstanding bonds of the Chica¬ 
go and Great Western Railroad Company at such prices as shall in 
said resolutions be designated and approved. 

(d.) One thousand bonds shall be immediately certified by the 
Trustee and re-delivered to the Railroad Company to be used or 
sold, if necessary, with the approval of the Board of Directors of 
the Northern Pacific Railroad Company, to provide funds for the 
payment of interest upon the outstanding bonds, secured hereby, 
so far as such interest cannot be paid from the rentals and net 
earnings of the Railroad Company, applicable thereto, down to and 
including the first day of April, A. D. 1893, and any balance of 
said bonds thereafter remaining may be used, sold or otherwise ap¬ 
plied by it for and to such uses and purposes as may be determined 
by its Board of Directors and the Board of Directors of the North¬ 
ern Pacific Railroad Company. 

(e.) All the remaining bonds, to wit: nine thousand one hundred 





PART IV. 


MORTGAGES. 


79 


Chicago & Northern Pacific R. R. Co., 1890. 

iincl one (9,101), shall be certified by the Trustee and delivered to 
the Railroad Company at such times and in such amounts as shall 
be required by resolutions of the Boards of Directors of the Railroad 
Company and of the Northern Pacific Railroad Company. 

In all cases the resolutions of the Boards of Directors of the Rail¬ 
road Company and of the Northern Pacific Railroad Company, 
whenever required, as aforesaid, shall be conclusive authority to 
the Trustee for the certification and delivery of the said bonds. 

Article III.—The Railroad Company hereby covenants and 
agrees to use and expend the bonds, certified and delivered to it 
under subdivision ( e ) of Article II. of this Indenture, and the pro¬ 
ceeds thereof, for the improvement, maintenance or betterment of 
the lands, premises, railways and other property, conveyed by this 
Indenture, or for the completion, erection or construction of build¬ 
ings, warehouses, elevators, depots, stations, engine houses, power 
plants, machine and repair shops and their equipment, tracks, 
bridges, viaducts, culverts and other permanent improvements and 
facilities, terminal and otherwise, connected therewith, or for the 
acquisition or purchase of rolling stock and equipment, the main¬ 
tenance, replacement and operation of its railway lines, or for the 
purchase or acquisition of other lands, premises, railway lines, 
buildings or properties, which may be used in connection with and 
as a part of the railway lines, premises and property, hereby con¬ 
veyed ; and to the extent that such additional lands, premises, 
railway lines, buildings or properties are acquired by the use of 
the said bonds, or the proceeds thereof, they shall be brought within 
and become subject to the lien created by this Indenture, as a first 
lien thereon, but it is expressly declared to be the intention of this 
Indenture that it shall not apply or extend to or create a lien upon 
any property, hereafter acquired by the Railroad Company, except 
such as shall be acquired by the use of the bonds to be secured by 
this Indenture or of the proceeds thereof. 

It is further covenanted and agreed that the Railroad Company 
shall promptly, from time to time, convey to the Trustee by proper 
trust deed or mortgage, as hereinafter provided in Article XVIII. 







MORTGAGES. 


PART IV. 


80 


Chicago & Northern Pacific R. R. Co., 1890. 


of this Indenture, all lands, premises, railway lines, buildings or 
properties, that may hereafter he purchased or acquired by the use 
of the said bonds or of the proceeds thereof. 

It is further covenanted and agreed by and between the parties 
hereto, that the Railroad Company shall be at liberty to pay or 
otherwise discharge or refund the said indebtedness of six hundred 
and fifty thousand dollars ($(350,000), principal and interest, secured 
by the said purchase money mortgage to the City of Chicago, and 
to purchase or otherwise acquire any of the said outstanding first 
mortofa<re bonds of the Chicago and Great Western Railroad Com- 
pany by the use of its resources other than the said bonds in sub¬ 
divisions (b) and (c) of Article II. of this Indenture reserved or 
their proceeds; and if the said indebtedness to the City of Chicago 
shall he paid, discharged or otherwise converted or refunded by the 
Railroad Company without the use of the bonds heretofore reserved 
for that purpose by said subdivision (5), then and in that event the 
Trustee shall, upon demand of the Railroad Company and of the 
Northern Pacific Railroad Company, to be evidenced by resolutions 
of their Boards of Directors, and upon the production of satisfac¬ 
tory evidence of the discharge and cancellation of the said pur¬ 
chase money mortgage, securing the said indebtedness, certify and 
deliver to the Railroad Company, the said bonds, by said subdi¬ 
vision (b) reserved as aforesaid, to be used by the Railroad Com¬ 
pany for its general corporate purposes. And in case the Railroad 
Company shall, without the use of the bonds by said subdivision 
( c ) of Article II. of this Indenture reserved, purchase or acquire 
any of the said outstanding first mortouofe bonds of the said Chi- 
cago and Great Western Railroad Company, the Trustee shall, 
upon the production and delivery to it of any of the said bonds so 
purchased or acquired, from time to time certify and deliver to the 
Railroad Company an equal amount of the said bonds, by said sub¬ 
division ( c ) reserved, to he used by the Railroad Company for its 
general corporate purposes. 

If the bonds, hereinbefore, in said subdivisions (b) and ( c) re¬ 
served, shall not be sufficient for the purposes therein expressed, 








PART IV. 


MORTGAGES. 


81 


Chicago & Northern Pacific R. R. Co., 1890. 


after having been sold, used or otherwise applied thereto, as in 
said subdivisions provided, then and in that event the Trustee shall 
certify and deliver to the Railroad Company, when required so to 
do by resolutions of its Board of Directors, and of the Board of 
Directors of the Northern Pacific Railroad Company, such of the 
bonds in subdivision (e) of Article II. enumerated, then remaining 
in the hands of the Trustee, as shall be required to accomplish the 
said purposes in said subdivisions (b) and (c) expressed, so far as 
then unfulfilled. 

Article IV.—It is hereby mutually covenanted and agreed that, 
whenever from time to time any of the said outstanding first mort¬ 
gage bonds of the Chicago and Great Western Railroad Company 
shall be acquired by the Railroad Company and delivered to the 
Trustee, or purchased by the Trustee, under and in accordance 
with the provisions in this Indenture contained, the Trustee shall 
thereupon cancel the said bonds, and from time to time, as so re¬ 
ceived, purchased and canceled, deliver the same to John A. 
Stewart and Edwin II. Abbot, Trustees under the said mort¬ 
gage or deed of trust, securing 1 the same, hereinbefore described, 

w o 7 O 

or to the survivor of them or his or their successor or successors in 


the trust. 

And when all of said bonds have been canceled, the Railroad 
Company hereby further covenants and agrees to cause the said 
mortgage or deed of trust to be duly canceled and discharged of 
record. 

Article V. —The Railroad Company hereby covenants and 
agrees to pay to the lawful holder of each and every the bonds, 
secured by this Indenture, the principal thereof and the interest 
thereon, in accordance with the tenor of the said bonds and of the 
coupons annexed thereto, when and as the same shall 'respectively 
become due and payable, free from any and all taxes, that may be 
required by any present or future laws of the United States of 
America or of the State of Illinois to be deducted from either the 
principal or interest of said bonds. The Railroad Company further 
covenants and agrees to pay all and every the lawful taxes that 





82 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 


may at any time be assessed by any lawful authority upon the 
premises hereby conveyed and every part thereof, when and as 
necessary to protect the same against the lien of such taxes. The 
Railroad Company further covenants and agrees to, and does here¬ 
by waive the benefit of any extension, stay, appraisement or re¬ 
demption laws, now existing or that may hereafter exist, of the 
United States of America, the State of Illinois, and of any other 
State into which its railway lines may extend. 

Article VI.—It is hereby mutually covenanted and agreed that 
the Railroad Company may construct, purchase or otherwise ac¬ 
quire and maintain and operate additional railway lines or prop¬ 
erties, other than those hereinbefore particularly described, and 
whenever and to the extent that such additional railway lines or 
properties shall be constructed,, purchased or otherwise acquired 
without the use of the bonds, or the proceeds thereof, to be issued 
under and secured by this Indenture, then and in every such case 
the Railroad Company shall have the right to provide funds for 
the construction, purchase or acquisition and maintenance and 
operation thereof by the issue of bonds to be secured by lien, free 
from the lien of this Indenture, upon the properties so constructed, 
purchased or otherwise acquired, or by lien, subject to the lien of 
this Indenture upon the property hereby conveyed, or by such 
other means as may from time to time be deemed judicious and 
proper, not impairing the priority of this Indenture upon the prop¬ 
erty hereby conveyed. 

Article VII.— Whereas, The Railroad Company has hereto¬ 
fore agreed to make and enter into an Indenture of Contract and 


Lease, demising to the Wisconsin Central and Wisconsin Central 
Railroad Companies for the term of ninety-nine (99) years, all the 
railways and other property conveyed by this Indenture, and the 
said Wisconsin Central and Wisconsin Central Railroad Companies 
have agreed to make and enter into an Indenture of Contract and 
Lease, demising to the Northern Pacific Railroad Company, for the 
term of ninety-nine (99) years, all their system of railways, known 
as the Wisconsin Central System, and also all the railways and 






PART IV. 


MORTGAGES. 


83 


Chicago & Northern Pacific R. R. Co., 1890. 


property to be demised and let to them under the first mentioned 
Indenture of Contract and Lease from the Railroad Company; 
and 

Whereas, The Northern Pacific Railroad Company by the terms 
of the second above-mentioned Indenture has agreed to assume all 
the obligations of the Wisconsin Central and Wisconsin Central 
Railroad Companies under the said first above mentioned Indent¬ 
ure ; and 

Whereas, The said first mentioned Indenture of Contract and 
Lease, as heretofore agreed upon, is by its terms to be dated sim¬ 
ultaneously with, and to be expressly subject to this Indenture, 
and to be executed, entered into and delivered immediately after 
the execution and delivery of this Indenture; and 

Whereas, The said Indenture of Contract and Lease from the 
Wisconsin Central and Wisconsin Central Railroad Companies to 
the Northern Pacific Railroad Company is by its terms to be dated 
simultaneously with this Indenture and with the said first mentioned 
Indenture from the Railroad Company to the Wisconsin Central 
and Wisconsin Central Railroad Companies, and is to be executed 
and delivered immediately after the execution and delivery of the 
said last mentioned Indenture; and 

Whereas, It has been mutually covenanted and agreed by and 
between the Railroad Company and the parties to the said above 
described Indentures of Contract and Lease, that the said first 
mentioned Indenture of Contract and Lease should be assigned as 
additional security for the bonds to be issued under this Indenture 
to the extent hereinafter in this article provided; 

Now, therefore, the Railroad Company hereby covenants and 
agrees to, and does hereby, assign, transfer and set over unto the 
Trustee, upon the trusts herein contained, as additional security 
for the bonds to be issued under this Indenture, the said Indenture 
of Contract and Lease, to be entered into by it with the said Wis¬ 
consin Central and Wisconsin Central Railroad Companies, and all 
its right, title and interest therein and thereto, and all the rights, 
benefits, covenants and privileges secured to it thereby and by the 







84 


MORTGAGES. 


FART IV. 


Chicago & Northern Pacific R. R. Co., 1800. 


said Indenture of Contract and Lease from the said Wisconsin 
Central and Wisconsin Central Railroad Companies to the North¬ 
ern Pacific Railroad Company, to the extent that the said first 
mentioned Indenture of Contract and Lease covers the railways, 
rights and property conveyed by this Indenture and no further; it 
being hereby expressly declared to be the intention of the parties 
hereto, that the assignment hereby made shall not extend to, em¬ 
brace, or in any way affect any railways or other property of the 
Railroad Company, which may come under the operation of the 
said Indenture of Contract and Lease last referred to, which 
are not conveyed by this Indenture or not acquired 
by the proceeds of the bonds to be issued hereunder: Pro¬ 
vided, however, and this assignment is made upon the express 
condition, that none of the rights, benefits, covenants and privi¬ 
leges, secured to the Railroad Company in and by the said Indent¬ 
ures of Contract and Lease, shall ever be exercised by the Trustee 
under this Indenture, so long as the Railroad Company is not in 
default in respect to the payment of the interest upon its bonds, to 
be issued under this Indenture, or the principal thereof; but, in 
case any default shall occur by the Railroad Company in the pay¬ 
ment of the principal of any of the bonds to be issued under this 
Indenture, or of the interest thereon, according to the tenor of the 
coupons annexed thereto, and such default shall continue for the 
period of sixty days after demand in writing, made by the holders 
of any of the said bonds or coupons upon the Railroad Company 
at its office in the Citv of New York, then, and in everv suchcase, 
the Trustee shall be vested with and may exercise at its discretion 
each and every the powers conferred upon the Railroad Company 
by the said Indentures of Contract and Lease, or either of them, 
so long as such default continues and no longer, including* the 
power to take whatever steps it may deem expedient or proper, 
either in its own name or in the name of the Railroad Company, 
for the collection of the rentals accruing under the said first above- 
mentioned Indenture of Contract and Lease, and under anv and all 

%J 

other then existing leases by the Railroad Company of the property 






PART IV. 


MORTGAGES. 


85 


Chicago & Northern Pacific It. R. Co., 1890. 


hereby conveyed and under any and all then existing sub-leases of 
said property, and for the application of the same to the payment 
of the interest upon the bonds hereby secured. 

And provided further that, if and whenever the Railroad Com¬ 
pany shall make good any such default, subject to the provisions 
hereafter in this Indenture contained, it shall thereupon be re¬ 
vested with all the rights, powers and privileges secured to it by 
the said Indentures of Contract and Lease, or either of them, as if 
no such default had ever been made; and, until such default shall 
occur and continue as aforesaid, the Railroad Company shall pos¬ 
sess, exercise and enjoy all the rights, benefits, covenants and priv¬ 
ileges secured to it by the said Indentures of Contract and Lease, 
and each of them, in the same manner and to the same extent as if 
this assignment had never been made. 

It is hereby mutually covenanted and agreed that so long as the 
Railroad Company is not in default, as in this article provided, or 
after the removal or waiver of any default that may have occurred, 
as herein provided, it shall be at full liberty to change or modify 
the said Indenture of Contract and Lease with the said Wisconsin 
Central and Wisconsin Central Railroad Companies in any way, 
which may be agreed upon by and between the parties thereto and 
the Northern Pacific Railroad Company, excepting only that no 
chancre shall ever be made shortening the term of duration of the 
said Indenture of Contract and Lease, or in any of its terms, 
whereby the rentals stated or contingent to be paid thereunder to 
the Railroad Company shall be diminished, or the obligations of 
the Wisconsin Central and Wisconsin Central Railroad Companies 
and the Northern Pacific Railroad Company, their respective suc¬ 
cessors and assigns, in respect to the payment of such rentals and 
the consequences of any default therein, shall be lessened or im¬ 
paired, unless such change shall first have been in writing expressly 
assented to by the Trustee and by a majority of the holders of the 
bonds to be issued under this Indenture, then outstanding, which as¬ 
sent in writing by the said bondholders may be expressed under their 
hands and seals or by vote at a meeting held as hereinafter provided. 







8b' 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 


It is hereby further mutually covenanted and agreed, in view of 
the covenants of the Northern Pacific Railroad Company, contained 
in the said Indenture of Contract and Lease Avith the Wisconsin 
Central and Wisconsin Central Railroad Companies, whereby the 
Northern Pacific Railroad Company assumes all the obligations of 
the Wisconsin Central and Wisconsin Central Railroad Companies, 
under the said first above mentioned Indenture of Contract and 
Lease, between the Railroad Company and the Wisconsin Central 
and Wisconsin Central Railroad Companies, insuring to the Rail¬ 
road Company sufficient revenue to provide for the payment of the 
interest upon the bonds to be issued under this Indenture, that 
none of the said bonds, except such as are provided to be immedi¬ 
ately certified and deli\ r ered under and in pursuance of subdmsions 
(a) and ( cl) of Article II. of this Indenture, shall e\ r er be certified 
and delivered to the Railroad Company, except by the consent of 
the Northern Pacific Railroad Company, to be evidenced by reso¬ 
lutions of its Board of Directors. 


It is hereby mutually covenanted and agreed that the property 
hereby conveyed, and all other property, that may hereafter be 
acquired by the Railroad Company, Avhich, under the provisions of 
this Indenture, shall become subject to the lien hereby created, 
may be leased in Avhole or in part by the Railroad Company, Avith 
the assent of the Northern Pacific Railroad Company, to any person 
or persons, corporation or corporations whatsoever, desiring to 
acquire a lease thereof, or to enjoy the terminal or other facilities, 
or any part thereof, now belonging to or hereafter acquired by the 
Railroad Company. And that the Railroad Company shall be at 
full liberty at its discretion, from time to time, and at all times, to 
make any changes or alterations in, and to surrender, accept the 
surrender of, change, amend, modify or annul any such leases 
iioav existing or hereafter made, except leases of its terminal 
facilities to railway corporations, whenever it may deem it 
wise so to do; provided, however, that all leases of its termi¬ 
nal facilities to railway corporations shall be subject to the 
lien of this Indenture, and shall, upon request of the Trustee 






PART IV. 


MORTGAGES. 


87 


Chicago & N orthern Pacific E. E. Co., 1890. 

be assigned to it, in the same manner, and to the same ex¬ 
tent, and for the same purposes, as hereinbefore provided in re¬ 
spect to the said Indenture of Contract and Lease between the 
Railroad Company and the Wisconsin Central and Wisconsin Cen¬ 
tral Railroad Companies and no further; and provided further, that 
the Railroad Company, until default in the payment of the inter¬ 
est upon any of the bonds to be issued hereunder, or of the princi¬ 
pal thereof, as hereinbefore in this article specified, shall have the 
same power to make and assent to any changes or modifications in 
such leases to railway corporations as it has in respect to the said 
last mentioned Indenture from the Railroad Company to the Wis¬ 
consin Central and Wisconsin Central Railroad Companies, and no 
further. 

Article VIII.—Until default shall be made by the Railroad 
Company in the payment of the principal or interest of the bonds 
hereby secured, or any of them, or in respect of some act or thing, 
covenant or agreement herein required by it to be done, performed 
or kept, the Railroad Company shall be suffered and permitted to 
possess, manage, operate and enjoy the said lines of railroad and 
the appurtenances, and the said lands and other property, and the 
rights, privileges, immunities and franchises hereinbefore mentioned, 
and to take and apply to its own use the tolls, incomes, revenues, 
proceeds, rents, issues and profits thereof, as if this Indenture had 
not been made. 

Article IX.—In case default shall be made in the payment of 
any of the interest on any of the bonds issued or to be issued under 
and secured by this Indenture, or in any requirement herein con¬ 
tained, to be done or kept by the Railroad Company, and if any 
such default shall continue for the period of six months, then the 
Trustee may, and upon requisition and indemnity, as hereinafter 
prescribed in Article XI. of this Indenture, the Trustee shall, per¬ 
sonally or by its attorneys or agents, enter into and upon all and 
singular the said railroads, with the appurtenances, and all other 
the property and franchises belonging thereto, and hereby conveyed, 
or meant or intended so to be, and each and every part thereof, 













88 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 


and wholly exclude the said Railroad Company and its agents 
therefrom; and have, hold, and use the same as the said Railroad 
Company could or might do if this Indenture had not been made; 
operating by its managers, superintendents, receivers, or servants, 
or other attorneys or agents, the said railroads, and conducting the 
business thereof, and exercising the franchises pertaining thereto; 
and making from time to time all repairs and replacements, and 
such useful alterations, additions and improvements therein and 
thereto as may seem to be necessary or judicious; and collect and 
receive all tolls, freights, incomes, rents, issues and profits of the 
same, and of every part thereof; and after deducting the expenses 
of operating the said railroads and of conducting the business 
thereof, and of all the said repairs, replacements, alterations, addi¬ 
tions and improvements, and all payments which may be made for 
taxes, assessments, charges or liens prior to the lien of this Inden¬ 
ture, upon the said premises or any part thereof, as well as a just 
compensation for its own services, shall apply the money arising, as 
aforesaid, to the payment of the interest on the bonds, hereby se¬ 
cured, in the order in which such interest shall have become due, 
ratably, to the persons entitled to such interest; and if, after pay¬ 
ing all interest which shall have become due, a surplus shall re¬ 
main, such surplus, and the property herein mentioned and in¬ 
cluded, shall be forthwith paid and returned to the said Railroad 
Company. 

Article X.—In case default shall be made as aforesaid, and 
shall continue as aforesaid, or in case default be made in the pay¬ 
ment of any of the principal of said bonds when the same shall 
become due, the Trustee may, and upon requisition and indemnity, 
as in Article XI. of this Indenture prescribed, the Trustee shall, 
after entry, as aforesaid, or without entry, personally, or by its 
attorneys or agents, sell and dispose of, subject to the said prior 
mortgages, so long as they or either of them remain unsatisfied, all 
and singular the said railroads, and the said leases assigned or to 
be assigned to it, as hereinbefore provided, with or without entry 
under said leases, and subject to or free from the estates created by 




l’AKT IV. 


MORTGAGES. 


89 


Chicago & Northern Pacific R. R. Co., 1890. 


said leases or any of them, as to the Trustee shall seem best, and 
all the estate, right, title and interest of the said Railroad Com¬ 
pany in and to the same, with the appurtenances, and all other the 
property, rights, privileges, immunities and franchises thereto be¬ 
longing and hereby conveyed, or intended so to be, as an entirety, 
to the highest and best bidder or bidders, at public auction, in the 
City of Chicago, State of Illinois, and at such time as it shall ap¬ 
point, having first given notice of the time and place of such sale, 
by advertisement, published not less than three times in each week, 
for six successive weeks, in one or more newspapers printed and 
published in the cities of Boston, New York, and Chicago, of gen¬ 
eral circulation in the business communities of said cities, or may 
adjourn the said sale from time to time in its discretion, and, if so 
adjourned, make the said sale at the time and place to which the 
same may be so adjourned; and make and deliver to the purchaser 
or purchasers of the said railroads, with the appurtenances, and all 
other the said property, rights, privileges, immunities, and fran¬ 
chises thereto belonging, good and sufficient deed or deeds thereof, 
in fee simple, which sale, made as aforesaid, shall be a perpetual 
bar, both in law and in equity, against the said Railroad Company, 
and all persons claiming or to claim the said described property, 
or any part thereof, or any interest therein, by, from, through or 
under it; and after deducting from the proceeds of such sale just 
allowances for all expenses thereof, including attorneys’ and coun¬ 
sel fees, and all other expenses, advances, or liabilities, which may 
have been made or incurred by it in operating or maintaining the 
said railroads and property, or in managing the business thereof, 
while in possession, and all payments, which may have been made 
by it for taxes or assessments on said lines of railroad, or the ap¬ 
purtenances or other property thereto belonging, or any part 
thereof, as well as reasonable compensation for its own services, it 
shall be lawful for the Trustee, and it shall be its duty to apply 
the residue of the money arising from the said sale to the pay¬ 
ment of the principal of the bonds, which shall have been issued 
under this Indenture and shall then be outstanding and unpaid, 







90 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

whether the same shall have previously become due or not, and to 
the payment of the interest which shall have at that time accrued 
on the said principal and he unpaid, without discrimination or 
preference of principal over interest or of interest over principal, 
but ratably to the aggregate amount of such unpaid principal and 
accrued and unpaid interest, and if, after satisfaction thereof, a 
surplus of the said proceeds shall remain, to pay over the same to 
the Railroad Company, or to such other party or parties as may be 
entitled thereto. 

Article XI.—In case default shall be made in the payment of 
any semi-annual installment of interest on any of the said bonds, 
and if such interest shall remain unpaid and in arrears for the period 
of six months, or in. respect of any requirement, covenant, or agree¬ 
ment herein contained on the part of the Railroad Company to be 
observed, done, kept or performed, and if any such default shall 
continue for the period of six months, or in case default shall be 
made in the payment of the principal of said bonds, then, and in 
either or any or every such case, it shall be the duty of the Trustee, 
upon a requisition in writing signed by the holders of not less than 
one-quarter in amount of the said bonds then outstanding, and upon 
adequate security and indemnity against all costs, expenses and 
and liabilities to be by the Trustee incurred, to proceed to enforce 
the rights of the bondholders under this Indenture, either by the 
exercise of the powers granted by Articles IX. and X. of this Indent¬ 
ure, or of any of said powers, or by a suit or suits in equity or at 
law in aid of the execution of such powers, or otherwise, as the 
Trustee, being advised by counsel, shall deem most effectual to en¬ 
force such rights, subject to the power hereby declared of a majority 
in interest of the holders of said bonds that shall be then outstanding*, 
in writing, or by vote at a meeting duly held, to instruct the 
Irustee to waive any such default, or, upon adequate security and 
indemnity as aforesaid, to enforce the rights of the bondholders by 
reason thereof: 

Provided, That no action of the Trustee, or of the bondholders 
in waiving a default, shall extend to, or be taken to apply to, or 




PART IV. 


MORTGAGES. 


91 


Chicago & Northern Pacific R. R. Co., 1890. 


affect any subsequent default, or impair the rights of the Trustee 
or of the bondholders resulting from such subsequent default, it 


being understood, and it is hereby expressly declared, that the rights 
of entry and sale hereinbefore granted are intended as cumulative 
remedies, additional to all other remedies allowed by law, and that 
the same shall not be deemed, in any manner whatsoever, to de¬ 
prive the Trustee, or the beneficiaries under this trust, of any legal 
or equitable remedy by judicial proceedings, consistent with the 
provisions of this Indenture, according to the true intent and mean¬ 
ing thereof: Provided always, and it is hereby expressly declared 
and agreed, that no holder or holders of a bond or of any bonds, 
secured hereby, shall have the right to institute any suit, action or 
proceeding, in equity or at law, for the foreclosure of this Indent¬ 
ure, or for the execution of the trusts thereof, or for the appoint¬ 
ment of a receiver, or any other action, suit or remedy hereunder, 
or under or upon any bond or coupon for interest hereby secured, 
without first giving notice in writing to the Trustee of default hav¬ 


ing occurred and continued as in this article aforesaid, and request¬ 
ing the Trustee, and affording it a reasonable opportunity, to insti¬ 
tute such action, suit, or proceeding in its own name, or to proceed 
to exercise the powers hereinbefore granted, and also offering to it 
adequate security and indemnity against the costs, expenses, and 
liabilities to be incurred therein or thereby; and such notification, 
request, and offer of indemnity are hereby declared to be condi¬ 
tions precedent to any suit or action for the foreclosure or for the 
execution of the trusts of this Indenture, or for the appointment of a 
receiver, and to any other action, suit, or remedy hereunder, or 
under or upon any bond or coupon for interest hereby secured. 
And it is hereby provided, declared, and agreed that, in case any 
sale shall be made of the said railroads, chattels real, interests, es¬ 
tates, appurtenances, fixtures, equipment, property, lands, 
rights, privileges, immunities, or franchises, either by the exercise 
of the powers granted in Article X, of this Indenture, or pursuant 
to or under a decree or judgment of a court of competent jurisdic¬ 
tion, the purchaser or purchasers at said sale or sales shall be en- 








92 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

titled, in making settlement for, and payment of the purehase 
money, to deliver to the Trustee, or, in case of a judicial sale, to 
the person or persons legally appointed and qualified to receive 
the payment of such purchase money, and to turn in and use any of 
the bonds or coupons secured by this Indenture, held by the said 
purchaser or purchasers, in or towards the payment of said pur¬ 
chase money; reckoning and computing said bonds or coupons at a 
sum equal to, and not exceeding, that which would be payable out 
of the net proceeds of said sale, if made for money, to the pur¬ 
chaser or purchasers, as the holder or holders of said bonds or cou¬ 
pons, for his or their just share and proportion in that character of 
such net proceeds, upon a due accounting, and apportionment and 
distribution of said net proceeds. 

Article XII.—It is hereby declared that the receipt or receipts 
of the Trustee shall be a sufficient discharge to the purchaser or pur¬ 
chasers at any sale or sales made by the said Trustee under or in 
pursuance of either of said Articles X. or XI. for his or their pur¬ 
ehase money, and that such purchaser or purchasers, his or their 
heirs, executors, or administrators, shall not, after payment thereof, 
and having such receipt, be liable to see to its being applied for 
or upon the purposes and trusts of this Indenture; or in any man¬ 
ner howsoever be answerable for any loss, misapplication, or non¬ 
application of such purchase moneys, or any part thereof, or be 
obliged to inquire into the necessity, expediency, or authority of or 
for any such sale. 

Article XIII.—At any sale or sales of the aforesaid lines of 
railroad, appurtenances, lands, premises, real estate, chattels real, 
property, rights, interests, and franchises, whether made by virtue 
of any power herein granted or by judicial authority, the Trustee, 
upon the request of the holders of three-fourths in amount of the 
bonds outstanding, may bid for and purchase, or cause to be bid 
for and purchased, the same, for and in behalf of all the holders 
of the bonds hereby secured and then outstanding, in the pro¬ 
portion of the respective interests of such bondholders, at a price 
not exceeding the whole amount of such bonds outstanding with 






PART IV. 


MORTGAGES. 


93 


Chicago & Northern Pacific R. R. Co., 1890. 


the interest accrued thereon, and the expenses of such sale or 
sales. 

Article XIV.—In case default shall be made in the payment of 
any installment of interest on any of the aforesaid bonds hereby 
secured, when such interest shall become due and payable accord¬ 
ing to the terms of said bonds, or of any coupon thereto annexed, 
and if such default shall continue for the period of six months, 
then, and in such case, the principal of all the bonds secured by 
this Indenture shall, at the election of the Trustee, become imme¬ 
diately due and payable, anything in the said bonds or herein con¬ 
tained to the contrary notwithstanding. But a majority in interest 
of the holders of all said bonds that shall be then outstanding may, 
in writing, or by vote at a meeting duly held as herein provided, in¬ 
struct the Trustee in such case to declare the said principal to be 
due, or to waive the right so to declare, on such terms and condi¬ 
tions as such majority shall deem proper; or may annul or reverse 
the election of the Trustee; Provided, that no waiver of or by the 
Trustee or bondholders shall extend to, or be taken to affect, any 
subsequent default, or impair the rights resulting from such subse¬ 
quent default. 

Article XV.—The Trustee shall at all times during the con¬ 
tinuance of the trust hereby created, when required so to do, as 
hereinafter in this article provided, release and convey to any party 
or parties, who may be designated in writing by the Railroad 
Company to receive such release or conveyance, or release from the 
lien or operation of this Indenture in such other manner as the 
Trustee may deem proper, any portion of the premises and property 
hereinbefore granted, which may be appurtenant to the said lines 
of railway, but which shall be unnecessary for use in connection 
therewith, or which shall have been acquired or held for stations, 
depots, shops or other buildings, or for a supply of fuel, gravel or 
other material, and also shall release or convey as aforesaid any 
lands, which may become disused by reason of a change of the 
location of any station houses, depots, shops or other buildings 
connected with the said lines of railway, or which the Railroad 








[14 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

Company may deem it expedient to disuse or abandon by reason of 
such change, and shall also, when required as aforesaid, consent to 
changes in the location of the track or of station houses, depots, 
shops or other buildings, and to exchanges of property and rev 
adjustment of boundaries, and shall execute and deliver the in¬ 
struments necessary or proper to carry the same into effect; pro¬ 
vided, however, that the releases or conveyances or other consents 
or instruments, provided to be made by the Trustee under the 
authority of this article, shall be executed or given only upon the 
written request of the President of the Railroad Company, show¬ 
ing the reasons therefor, accompanied by an affidavit of the Chief 
Engineer or other proper officer of the Railroad Company, stating 
the facts upon which such request is made, and accompanied 
also by the consent of the Northern Pacific Railroad Company, 
evidenced by a certified copy of the resolution of its Board of 
Directors, to that effect, which said request and consent, so evi¬ 
denced, shall in all cases be conclusive authority to the Trustee 
for the execution and delivery of such releases, conveyances, 
consents, or other instruments; and provided further, that any 
lands, premises or property, which may be acquired for perma¬ 
nent use in substitution for any lands, premises or property re¬ 
leased under the provisions of this article, shall become and be, 
immediately upon the acquisition of the same, subject to the 
terms of this Indenture. The Railroad Company shall lie at full 
liberty from time to time to dispose of, according to its discretion, 
such portion of the machinery, tools and implements which shall 
be at any time acquired or held for the use of said lines of railway, 
and of the other property hereby conveyed, as shall have become 
unfit or unnecessary for such use, but any and all new or other 
machinery, tools and implements, which may be acquired in sub¬ 
stitution for any so released, shall, by virtue and force of this In¬ 
denture, become and be, immediately upon the acquisition of the 
same, subject to the lien and operation of this Indenture, without 
any new conveyance or transfer or other act or proceeding what¬ 


soever. 









PART IV. 


MORTGAGES. 


9fr 


Chicago & Northern Pacific R. R. Co., 1890. 

Subject to the said prior mortgages and to the rights of the mort¬ 
gagees therein and the beneficiaries thereof, the Railroad Company 
shall be at full liberty to use any and all moneys or securities, 
which it may receive for or upon any sale, lease or other disposi¬ 
tion of any property, made under the provisions of this article, 
for the purchase or acquisition of other property, or for the im¬ 
provement of the property hereby conveyed, including all the pur¬ 
poses specified in Article III. of this Indenture, provided, however, 
that the consent of the Northern Pacific Railroad Company shall 
be obtained to such purchase or acquisition or other use of such 
moneys and securities, and such purchase or acquisition shall be so 
made, as that the property so purchased or acquired shall come 
under and be subject to this Indenture as a first lien thereon; and 
in case and to the extent that the moneys or securities, so received 
by the Railroad Company, shall not be so used for the purchase 
or acquisition of other property, or for the improvement of the 
property hereby conveyed, the Railroad Company shall pay over, 
assign and transfer the same to the Trustee, upon its request, for 
and upon the purposes and trusts expressed and declared in this 
Indenture, or intended so to be, and the moneys so received by the 
Trustee shall be deposited by it in The Farmers’ Loan and Trust 
Company or some other Trust Company in the City of New York, 
on interest, to be paid and accumulated as capital, semi-annually, 
and the said money, together with all accumulations of interest 
thereon, shall be invested by the Trustee in the bonds hereby se¬ 
cured, by the purchase thereof in the open market from time to 
time, provided the same can be purchased at a price which shall be 
satisfactory to the Trustee and to the Northern Pacific Railroad 
Company; but in case said bonds cannot be purchased at such a 
price, then said moneys, together with all said accumulations of 
interest thereon, shall be invested by the Trustee in other mort- 
aao-e bonds of American railroad corporations, to be approved by 
the Northern Pacific Railroad Company, which said other mort- 
o-asre bonds shall be held by the Trustee as additional security to 
the bonds to be issued under this Indenture; and if any of the said 






96 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

# 

bonds so held shall be paid or redeemed, the proceeds thereof shall 
be re-invested in a similar manner, and all interest that shall ma¬ 
ture and be paid upon said bonds so held shall be applied by the 
Trustee from time to time toward the payment of the interest to 
mature on the bonds to be issued under this Indenture, or paid to 
the Railroad Company for that purpose, so long* as there shall be 
no default by the Railroad Company in any of its covenants con¬ 
tained in this Indenture. 

And provided further, that the Trustee shall be at liberty, from 
time to time in its discretion, to change its investments in any of 
said bonds of railroad corporations, other than the Railroad Com¬ 
pany, or to convert the same into cash, and to apply the cash so 
realized from time to time, in the purchase of the bonds, secured 
by this Indenture, whenever and to the extent that the same can 
be acquired upon terms satisfactory to the Trustee and to the 
Northern Pacific Railroad Company as aforesaid. 

Article XVI.—It is mutually understood and agreed by and 
between the parties hereto, that the word “■Trustee,” when and as 
used in this Indenture, except where some other meaning is plain, 
is intended to refer to and describe and shall be construed to mean, 
the corporation or corporations, or the person or persons, which or 
who for time being, shall be charged with the execution of the 
trusts hereof, whether the same be the said party of the second 
part or any successor or successors in said trust. 

It is further mutually agreed by and between the said parties 
hereto, as a condition on which the party of the second part has 
assented, and does assent to this Indenture, that the Trustee shall 
not, in any manner, be responsible or liable for any act, default or 
misconduct of any agent or agents by it employed; nor shall it be 
answerable, under any circumstances, except for its own wilful de¬ 
fault or misconduct; that the Trustee shall be entitled to just com¬ 
pensation for all services which it may hereafter render in said 
trust, to be paid from the trust funds which may come into its 
hands; and that the Trustee may resign and be discharged of the 
trusts hereby created, by notice in writing to the Railroad Com- 




PART IV. 


MORTGAGES. 


97 


Chicago & Northern Pacific R. R. Co., 1890. 

pany, three months before such resignation shall take effect, or 
such shorter time as the Railroad Company shall accept as ade¬ 
quate notice. 

It is further declared and agreed that the Trustee may he re¬ 
moved by a majority in interest of the holders of all said bonds 
hereby secured and then outstanding, by instrument or instruments 
in writing under their hands and seals, or by vote at a meeting 
duly called and held as herein provided. 

In case of the resignation or removal of the Trustee, a successor 
shall be appointed by the majority in interest of the holders of all 
said bonds, hereby secured and then outstanding, by instrument or 
instruments in writing, under their hands and seals, or by vote at 
a meeting as aforesaid; and until an appointment be so made the 
President of the Railroad Company, with the written approval and 
consent of the holders of the outstanding bonds, secured hereby, 
to the aggregate amount of two millions of dollars, may appoint 
a trustee to fill such vacancy for the time being; and in such case, 
and also in case of an appointment by a majority in interest of the 
bondholders as aforesaid, and in all other cases where a change is 
made in the trustee or trustees, the new trustee or trustees, suc¬ 
cessor or successors, shall thereupon become and be vested with 
all the powers, authorities, estates, rights, titles and interests 
granted or conveyed to, or conferred upon the said party of the 
second part by this Indenture, and all the rights, powers, author¬ 
ities and interests, requisite to enable such new trustee or successor 
to execute, perform and fulfill the powers, duties and purposes of 
this trust, by force of this Indenture, without any further assur¬ 
ance or conveyance, so far as such eff ect may be lawful; neverthe¬ 
less, the trustee resigning or being removed shall immediately 
execute all such conveyances or assurances, and other instruments 
as may be fit and expedient for the purpose of assuring the legal 
estate in the premises to the new trustee or successor so ap¬ 
pointed. 

In case of a vacancy being temporarily filled by appointment by 
the President of the Railroad Company under the foregoing pro- 




98 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacfiic R. R. Co., 1893. 

vision in that behalf, it shall lie competent for any court of equit¬ 
able powers, having jurisdiction in the premises, upon the applica¬ 
tion of any of the bondholders, upon due notice to the Railroad 
Company, and for cause to lie shown, to annul such appointment 
and appoint a trustee in place of the trustee so appointed, to hold 
the trust for the like term as such trustee would hold the same un¬ 
der the President’s appointment, but no longer. 

And it is further declared and apreed that whenever, and as 
often as, any contingency shall arise, in which a meeting of the 
bondholders shall lie necessary or expedient, it shall be the duty of 
the Trustee, or of the President of the Railroad Company, on the 
written request of the holders of not less, in the aggregate, than 
one-sixth in amount of said bonds then outstanding, and stating 
therein the purpose thereof, to call a meeting of the holders of all 
the then outstanding bonds secured hereby, to be held in the City 
of New York, by advertisement to be published daily for at least 
six successive weeks in two newspapers printed and published in 
said city, and of good circulation in the business community 
thereof; and in default of such meeting being called by the Trustee, 
or by the President of the Railroad Company, within thirty days 
after request as aforesaid, it shall be competent for the holders of 
not less, in the aggregate, than one-sixth in amount of said bonds, 
then outstanding, to call such meeting in the manner aforesaid. 
And at any such meeting so called, the bondholders shall be com¬ 
petent to exercise, in person or by proxy, all the powers and au¬ 
thorities conferred upon them by this Indenture: provided that 
the holders of a majority in interest of the outstanding bonds, in 
person or by proxy, shall be required to constitute a quorum at any 
such meeting: and provided further, that any vote of such meet¬ 
ing affecting, or intended to affect, any person or corporation, in¬ 
cluding the parties hereto, or their successors, may, by such person 
or corporation to lie affected, be required to lie authenticated under 
the hands and seals of the persons so voting. 

Article XY II.—The Railroad Company hereby covenants and 
agrees to and with the Trustee that it, the Railroad Company, shall 





PART IV. 


MORTGAGES. 


99 


Chicago & Northern Pacific R. R. Co., 1890. 

and will, from time to time, and at all times hereafter, upon the 
reasonable request of the Trustee, make, execute, acknowledge 
and deliver all such further deeds, conveyances and assurances in 
the law, for the better assuring to the Trustee, upon the trusts 
and for the purposes herein expressed or intended, the said rail¬ 
ways and the estates, rights, titles and interests of the Railroad Com¬ 
pany therein and thereto, with the equipment and appurtenances, 
and all other rights, interests, lands, premises, real estate, chattels 
real, property and effects, hereby mortgaged or conveyed in trust, 
or intended so to be, and all property, which may be purchased or 
acquired by the use of the bonds, hereby secured, or of the pro¬ 
ceeds thereof, and all other property and things whatsoever, 
which may become subject to this Indenture; and all franchises 
now held, or that shall be hereafter acquired, relating thereto, 
including the franchise to be a corporation, as by the Trustee, 
or by its counsel, shall be reasonably devised, advised or 
required. 

XVIII.—If the Railroad Company shall well and truly pay the 
sums of money herein required to be by it paid, and all interest 
thereon, at the times and in the manner herein specified, and shall 
well and truly keep, perform and observe all the agreements and 
things herein agreed and required to be kept, performed, and ob¬ 
served by it, according to the true intent and meaning of this In¬ 
denture, then, and in that case, the estate, right, title and interest of 
the Trustee, and of its successors in the trust hereby created, in 
and to the property, rights, franchises, lands and premises, hereby 
granted and conveyed, shall cease and determine, and this Indent¬ 
ure shall become void; otherwise the same shall be and remain in 
full force and virtue. And whenever the said bonds hereby se¬ 
cured shall be fully paid, principal and interest, this Indenture 
shall be discharged by the said Trustee or its successor, by ap¬ 
propriate instrument or instruments under seal, duly executed and 
acknowledged. 

Article XIX.—It is expressly declared and agreed by and be¬ 
tween the parties hereto, that the marginal notes to and upon this 





100 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R. Co., 1890. 

Indenture are for convenience only, and shall not affect the inter¬ 
pretation of the text.* 

In witness whereof, the party of the first part has caused this 
Indenture to be signed by its President or Vice-President, and its 
corporate seal to be hereto affixed and attested by its Secretary or 
Assistant Secretary; and the said party of the second part, to evi¬ 
dence its acceptance of the trusts by this Indenture created, has 
caused this Indenture to be signed by its President or Vice-Presi¬ 
dent, and its corporate seal to be hereto affixed and attested by 
its Secretary or Assistant Secretary, in duplicate originals, the day 
and year first hereinbefore written. 

Chicago and Northern Pacific 
Railroad Company. 

By Henry S. Hawley, 

President. 


The Farmers’ Loan and Trust 
Company. 

By R. G. Rolston, 

President. 


D. S. Wegg, 

Kemper K. Knapp, 

As to the Chicago and Northern Pacific Railroad Company, and 

C. R. Leake, 

A. L. Banister, 

As to The Farmers’ Loan and Trust Company. 


[seal.] 

Attest : 

Henry S. Boutell, 

/Secretary. 


[seal.] 

Attest : 

E. S. Marston, 

Secretary. 

Sealed and delivered in 
the presence of 


* All marginal notes on recorded instruments are purposely omitted in this com¬ 
pilation. 







PART IV. 


MORTGAGES. 


101 


Chicago & Northern Pacific R. R. Co., 1890. 


State of Illinois, ) 
Cook County. ] ss 


I, Kemper Iv. Knapp, a Notary Public in and for Cook County, 
in the State of Illinois, do hereby certify that Henry S. Hawley 
and Henry S. Boutell, personally known to me to be the Presi¬ 
dent and Secretary, respectively, of the Chicago and Northern 
Pacific Railroad Company, appeared before me this day in person 
and acknowledged that they executed the foregoing instrument 
for and on behalf of said Chicago and Northern Pacific Railroad 
Company, as the free and voluntary act of said Railroad Company, 
for the uses and purposes therein set forth. 

Given under my hand and notarial seal this 21st day of April, 
A. D. 1890. 


[seal.] 


Kemper K. Knapp, 

Notary Public. 


State of New York, 

City and County of New York. 


ss. 


I, Charles A. Searls, a Notary Public in and for the City and 
County of New York, in the State of New York, do hereby certify 
that Rosewell G. Rolston and Edwin S. Marston, personally 
known to me to be the President and Secretary, respectively, of 
The Farmers’ Loan and Trust Company, appeared before me this 
day in person and acknowledged that they executed the foregoing 
instrument for and on behalf of said The Farmers’ Loan and Trust 


Company, as the free and voluntary act of said Company, for the 
uses and purposes therein set forth. 

Given under my hand and notarial seal this 9th day of May, 

A. D. 1890. 

C. A. Searls, 


[seal.] 


Notary Public , Westchester County. 
Certificate filed in N. Y. County. 




102 


MORTGAGES. 


PART IV. 


Chicago & Northern Pacific R. R, Co., 1890. 


State of New York, 

City and County or New York. 


ss. 


I, Edward F. Reilly, Clerk of the City and Comity of New York, 
and also Clerk of the Supreme Court for the said City and County, 
the same being a Court of Record, do hereby certify, that C. A. 
Searls has filed in the Clerk’s office of the County of New York, a 
certified copy of his appointment as Notary Public for the County 
of Westchester with his autograph signature, and was at the time 
of taking the proof or acknowledgement of the annexed instru¬ 
ment, duly authorized to take the same. And further, that I am 
well acquainted with the handwriting of such Notary, and verily 
believe the signature to the said certificate of proof or acknowledg¬ 
ment to be genuine. 

In testimony whereof, I have hereunto set my hand and affixed 
the Seal of the said Court and County, the 9th day of May, 1890. 

Edward F. Reilly, 

[seal.] Clerk . 

Recorded in the office of the Secretary of State of Illinois, May 
28th, 1890. 

Recorded in the office of the Recorder of Cook County, Illinois, 
May 29th, 1890.* 


*The Chicago and Great Western Railroad Company was the only one of the 
constituent companies of the Chicago and Northern Pacific Railroad Company 
that had an outstanding mortgage when the foregoing mortgage was made. The 
Bridgeport and South Chicago Railroad Company never made a mortgage of its 
property. A mortgage by the Chicago, Harlem and Batavia Railway Company to 
John R. Walsh, dated March 1st, 1886, to secure $50,000, was recorded in the re¬ 
corder’s office of Cook County April 7th, 1886 ; DuPage County, May 14th, 1886, 
and Kane County, May 18th, 1886. A release of this mortgage, dated March 11th, 
1890, was filed in the office of the recorder of Cook County, Mav 27th, 1890. 







PART IV. 


MORTGAGES. 


103 


RESOLUTION 

OF THE 

Stockholders of the Chicago and Northern Pacific Railroad 
Company, authorizing an issue of Bonds and the making 
of a Mortgage to secure the same. 


At a meeting of the stockholders of the Chicago and Northern 
Pacific Railroad Company, held at the office of said Company, in 
the City of Chicago, State of Illinois, on the 29th day of March, A. 
D. 1890, at which all the stockholders of said Company were pres¬ 
ent in person or by proxy, the following resolution was unani¬ 
mously adopted: 

Whereas, The Board of Directors of this Company on the 29th 
day of March, A. D. 1890, unanimously adopted the following res¬ 
olution, to wit: 

“ Resolved , That this Company execute a mortgage or deed of 
trust to The Farmers’ Loan and Trust Company, in the City of 
New York, of the railway property, corporate rights and franchises 
heretofore acquired by this Company from the Chicago and Great 
Western Railroad Company, the Bridgeport and South Chicago 
Railroad Company, and the Chicago, Harlem and Batavia Railway 
Company, and the station grounds and stations, acquired by deed 
from John P. Neal and Marguerite L. Neal, his wife, and the other 
property of this Company, as described in the form of mortgage or 
deed of trust submitted to this meeting, to secure an issue by this 
Company of its first mortgage, fifty-year, gold bonds, bearing in¬ 
terest at the rate of five per centum per annum, to the amount at 
their par value of not exceeding thirty millions of dollars ($30,- 
000,000), dated the 1st day of April, A. D. 1890; and that the 
President or Vice-President and Secretary or Assistant Secretary of 
this Company be and they hereby are respectively authorized and di¬ 
rected to execute, on behalf of this Company and under its corporate 
seal, a mortmiR-e or deed of trust, in the said form as submitted to this 
meeting, which is hereby, approved, and hereafter, when executed, 





104 


MORTGAGES. 


PART IV. 

Resolution of Stockholders authorizing foregoing Mortgage. 

to be spread upon the records of this Company; and also to cause 
to be engraved and to execute, under its corporate seal, the said 
bonds, bearing coupons for interest as aforesaid, executed with the 
engraved signature of the Treasurer of this Company, in the form 
set forth in the mortgage or deed of trust submitted to this meet¬ 
ing as aforesaid, which said bonds shall be used by this Company 
for the purpose of fulfilling its obligations under the several con¬ 
tracts now subsisting between this Company and the said several 
railroad companies hereinbefore mentioned and the said John P. 
Neal and wife, so far as may be required by the terms of said con¬ 
tracts; and the remainder of said bonds, not required for the pur¬ 
poses aforesaid, shall be used from time to time for the purpose of 
completing, extending, improving, maintaining or operating the 
railways and other property of this Company, conveyed to it as 
aforesaid, and for other purposes, as allowed by the provisions of 
said mortgage or deed of trust.” 

And Whereas, The form of mortgage or deed of trust and the 
form of bond therein referred to have been submitted to and are 
now before this meeting; 

Therefore, Resolved , That the aforesaid resolution of the 
Board of Directors of this Company and the said forms of 
mortgage or deed of trust, and the bonds therein referred to, 
and the execution and delivery thereof, as authorized and di¬ 
rected by the said resolution, be and the same hereby are in all 
respects authorized, directed, adopted, approved, ratified and con¬ 
firmed. 

I, Henry S. Boutell, Secretary of the Chicago and Northern Pa¬ 
cific Railroad Company, do hereby certify that the foregoing reso¬ 
lution is a true copy of a resolution unanimously adopted by the 
stockholders of the Chicago and Northern Pacific Railroad Company, 
at a meeting held at the office of said Company, in the City of 
Chicago in the State of Illinois, on the 29th day of March, A. D. 
1890, at which all the stockholders of said Company were present 
in person or by proxy. 

In Witness Whereof, I have hereunto set my name and affixed 




PART IV. 


MORTGAGES. 


105 


Resolution of Stockholders authorizing foregoing Mortgage. 

the seal of said Chicago and Northern Pacific Railroad Company, 
this 29th day of March, A. D. 1890. 

[seal.] Henry S. Boutell, 

Secretary. 

Attached to and recorded with the foregoing mortgage. 




ioti 


MORTGAGES. 


PART IV. 


MORTGAGE. 

4 

Chicago and Calumet Terminal Railway Company. 

[June 1st, 1888.]* 


This Indenture, Made the first day of June, A. D. 1888, be¬ 
tween the Chicago and Calumet Terminal Railway Company, a 
corporation duly organized and existing under and by virtue of the 
laws of the States of Illinois and Indiana, and hereinafter referred 
to as the “ Railway Company,” party of the first part, and the 
Central Trust Company or New York, in the City of New York, 
a corporation duly organized under and by virtue of the laws of 
the State of New York, and De Forest L. Skinner, of Valparaiso, 
Porter County, State of Indiana, and hereinafter referred to as the 
“ Trustees,” parties of the second part: 

Whereas, the said Railway Company is authorized, and pos¬ 
sesses all the necessary franchises to enable it to construct, main¬ 
tain and operate a railroad with one or more main tracks, and all 
necessary and convenient branches therefrom, “Y” connections, 
turnouts and side-tracks, from a point on Lake Michigan, in the 
County of Lake, and State of Indiana, and running thence in a 
westerly and northerly direction within a radius of twenty-two 
(22) miles from the Court House in the City of Chicago, through 


the County of Lake, in the State of Indiana, and the County of 
Cook, in the State of Illinois, to a point on Lake Michigan, north 
of the City of Chicago, in said County of Cook; and, 

Whereas, for the purpose of constructing, equipping and oper¬ 
ating said railroad, so authorized to be constructed as aforesaid, as 
said Railway Company may from time to time construct, equip and 
operate the same, and paying therefor, it is necessary for the said 


* A mortgage by the Chicago and Calumet Terminal Railway Company, to se¬ 
cure $7,000,000, dated December 1st, 1887, to Frank H. Tuthill, of Hammond, Lake 
County, Indiana, and The Central Trust Company of New York, was recorded in 
the Recorder’s office of Lake County, Indiana, December 14th, 1887, and in the 
Recorder’s office of Cook County, Illinois, December 15th, 1887. A release of this 
mortgage, dated May 12th, 1888, was filed in the office of the Recorder of Lake 
County, Indiana, July 24th, 1888, and in the office of the Recorder of Cook County, 
Illinois, July 27th, 1888. 






PART IV. 


MORTGAGES. 


107 


Chicago & Calumet Terminal Ry. Co., 1888. 

Railway Company to borrow money, and to secure the payment of 
the same by mortgaging its property and franchises as hereinafter 
mentioned, and, 

T\ hereas, the Board of Directors of said Railway Company have 
resolved and voted, at a meeting of said Board duly and legally 
convened and held at the office of the said Railway Company at the 
City of Chicago, in the State of Illinois, on the fourteenth day of 
May, A. D. 1888, that for the purpose of paying for the con¬ 
struction, equipment and operation of said railroad so authorized 
to be constructed as aforesaid it will to the amount of Ten Millions 
of Dollars ($10,000,000) borrow money and issue its bonds there¬ 
for as hereinafter provided, at the rate of Thirty-Five Thousand 
Dollars ($35,000) per mile for each and every mile of first main 
track, and of track connecting with industrial or manufacturing 
establishments or with other railroads, and at the rate of Fifteen 
Thousand Dollars ($15,000) per mile for each and every mile of 
second main track, and at the rate of Fifteen Thousand Dollars 
($15,000) per mile for each and every mile of any additional line 
of main track which shall be constructed and completed upon said 
line of railroad, or upon any of said branches; and, 

Whereas, said Board of Directors have, at said meeting, further 
resolved and voted that said bonds shall lie issued from time to 
time as said track, or tracks, shall be completed, and only upon 
completed track, and at the rate aforesaid, and that the bonds so 
to be issued hereunder shall be for one thousand dollars ($1,000) 
each, and payable to bearer, on the day of , A. 

D. 1938, at the City of New York, in gold coin of the United 
States of America, of equivalent value to the present standard of 
weight and fineness, with interest at the rate of five (5) per centum 
per annum, payable at the same place semi-annually, in like gold 
coin, and that the bonds so to be issued, shall be secured by a 
mortgage covering all of said railroad, and all of the real and per¬ 
sonal property and franchises appurtenant thereto as hereinafter 
provided, and that all of said railroad which may hereafter be con¬ 
structed and completed, and all the real and personal property 







108 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

and franchises appurtenant thereto, shall as fast as constructed be 
covered by said mortgage, and bound by the lien thereof, and that 
all bonds from time to time issued thereunder shall be equally se¬ 
cured by the lien of said mortgage upon any and all property cov¬ 
ered thereby, and, 

Whereas, the said Board of Directors have, at such meeting, 
further resolved and voted that bonds be issued as herein provided, 
and for the purpose of securing the payment thereof, that the said 
Railway Company will execute and deliver to the Central Trust 
Company of New York, of the city of New York, and DeForest L. 
Skinner, of Valparaiso, Porter County, Indiana, the parties hereto 
of the second part, a mortgage covering the railroad, corporate 
property and franchises, hereinafter described; and that the sub¬ 
stance of this instrument be adopted as such mortgage; and that 
this mortgage, and each of the bonds which may be issued here¬ 
under, be executed under the corporate seal of said Railway Com¬ 
pany, and be signed by its president, and attested by its secretary, 
and that each of the coupons annexed to said bonds be authenti¬ 
cated by the engraved fac simile of the signature of its treasurer; 
and that said bonds when so executed shall be certified by said 
Central Trust Company of New York, one of the said trustees, and 
that such certification shall be conclusive proof, and the only proof 
which shall be required, that said bonds have been issued by the 
said Railway Company, and are secured by such mortgage; and 
that the bonds so issued be appropriated to the purposes therein 
designated; and that each of the said bonds, coupons and certifi¬ 
cates, be substantially in the form following (the blanks being filled 
up), that is to say: 

UNITED STATES OF AMERICA. 

No. STATES OF ILLINOIS AND INDIANA. $1,000. 

Chicago and Calumet Terminal Railway Company. 

First Mortgage, Five Per Cent., Fifty Year Gold Bond. 

For value received, the Chicago and Calumet Terminal Railway 
Company is bound and promises to pay to bearer, or to the regis¬ 
tered holder thereof, on the day of , A, D. 





PART IV. 


MORTGAGES. 


109 


Chicago & Calumet Terminal Ry. Co., 1888. 

1938, at its agency, in the city of New York, one thousand dollars 
($1,000) in gold coin of the United States of America, of equiva¬ 
lent value to the present standard of weight and fineness, with in¬ 
terest at the rate of five (5) per centum per annum, payable semi¬ 
annually at said agency, in like gold coin, on the first days of 

and in each year, on the surrender of 

the annexed coupons evidencing said interest. 

This bond is one of a series of bonds numbered consecutively 
from one (1) upwards, of like amount, tenor and date, not exceed¬ 
ing in the aggregate the sum of ten millions of dollars ($10,000,- 
000); all of which bonds are equally secured by said obligor Com¬ 
pany’s First Mortgage executed to the Central Trust Company of 
New York, and DeForest L. Skinner of Valparaiso, Porter County, 
Indiana, as Trustees, of even date herewith, conveying and mort¬ 
gaging all of the said obligor’s railroad, together with all the 
equipment, franchises and property pertaining thereto, now owned, 
or which may heieafter be acquired by said obligor Company. 

If default be made in the payment of any interest due at any 
time on this bond, and such default shall continue for six months 
after due demand therefor, the principal of this bond, as well as all 
accrued interest thereon, may be made due and payable, as pro¬ 
vided in said mortgage. 

The obligor Company waives the benefit of any present or future 
extension, stay, appraisement or redemption law of either of the 
States of Illinois or Indiana. 

If this bond be registered on the obligor’s books, and the regis¬ 
tration noted hereon, no transfer of this bond except upon said 
books shall be valid until it is again registered upon said books to 
bearer. The coupons shall always be transferable by delivery. 

This bond shall not become obligatory until authenticated by a 
certificate signed by the said Central Trust Company of New York, 
one of the Trustees aforesaid. 

In witness whereof, the Chicago and Calumet Terminal Railway 
Company has caused its corporate seal to be hereunto affixed, and 
these presents to be signed by its President and attested by its 
Secretary, this day of , A. D. 1888. 

Chicago and Calumet Terminal Railway Company. 

By. '. 

President. 

Attest: 


Secretary. 












110 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 


(Form of Coupon.) 

On the first day of......, the Chicago and 

Calumet Terminal Railway Company will pay the hearer twenty- 
five dollars ($25.00) at its agency in the city of New York, for 
interest on First Mortgage Bond No. 


Ireasurer. 


(Form of Certificate.) 

The undersigned Central Trust Company of New York, one of 
the Trustees, hereby certifies that this bond is one of the bonds de¬ 
scribed in the within mentioned Mortgage. 

Central Trust Company of New York, Trustee . 

By-. 

President. 

And whereas, at a meeting of the stockholders of said Railway 
Company, duly and legally convened and held at the office of the 
company, in Chicago, Illinois, on the fifteenth day of May, A. D. 
1888, at which meeting the holders of more than two-thirds in 
amount of the capital stock of said Railway Company were pres¬ 
ent in person or by legally appointed proxies, all of the aforesaid 
action of the Board of Directors, in and about the premises, was 
duly approved, ratified, concurred in and confirmed by the unani¬ 
mous vote of all of the stock present, by resolution, and the said 
stockholders at said meeting by resolution duly adopted this instru¬ 
ment as such mortgage : 

Now, therefore, this indenture WITNESSETH: That the Chi¬ 
cago and Calumet Terminal Railway Company, party of the first 
part, for and in consideration of the premises, and of the sum of 
one dollar to it duly paid by the said parties of the second part, at 
or before the ensealing and delivery of these presents, the receipt 
whereof is hereby acknowledged, and in order to secure the pay¬ 
ment of the principal and interest of the bonds aforesaid, at any 
time outstanding, without preference of any bond or bonds over 
others, whether issued upon the same date or upon different dates. 











PART IV. 


MORTGAGES. 


Ill 


Chicago & Calumet Terminal Ry. Co., 1888. 


hath granted, bargained, sold, aliened, remised, released, conveyed 
and confirmed, assigned, transferred and set over, and by these 
presents doth grant, bargain, sell, alien, remise, release, convey 
and confirm, assign, transfer and set over unto the Central Trust 
Company of New York, of the City and State of New York, and 
DeForest L. Skinner, of Valparaiso, Porter County, State of In¬ 
diana, parties of the second part, as trustees, and their and each of 
their heirs, executors, administrators, assigns and successors in 
in trust, all and singular the following property, whether now 
owned or hereafter acquired by the said Railway Company, that is 
to say: All the railroad of the said Railway Company, party of 
the first part, commencing at a point on Lake Michigan in the 
County of Lake and the State of Indiana, east of the city of Ham¬ 
mond, and running thence in a westerly direction through said 
Lake County, to the boundary line between the States of Indiana 
and Illinois, thence in a westerly and northerly direction through 
the County of Cook and State of Illinois, to a point on Lake Mich¬ 
igan in said County of Cook, north of the village of Evanston, with 
the branches therefrom; as the said railroad is now, or hereafter 
may be constructed, and as much thereof as may from time to time 
be constructed, including the right, power, franchise and privileges 
of constructing, completing, finishing and operating the said rail¬ 
road so constructed or authorized to be constructed. 

Also all lands, tenements and hereditaments, rights of way and 
easements, now held or hereafter acquired by the said Railway 
Company for the purposes of said railroad and branches, or any of 
them, and for the purpose of depots or stations in connection with 
said railroad and branches, or any of them; 

Also all leaseholds, leases, terms and parts of terms, rights un¬ 
der leases and under contracts, covenants and agreements, and all 
rights of trackage and terminal rights, privileges and franchises, 
and all licenses, permits and privileges of transit granted by the 
United States of America, or by the State of Illinois, or by the 
State of Indiana, or by any municipal authority, and all other 
rights, general and special, now held or hereafter acquired by the 






112 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 


said Railway Company for the purposes of said railroad and 
branches, or any of them; 

Also all railways, ways, tracks, sidings, turnouts, bridges, viaducts, 
culverts and fences, wharves, docks and piers, depots, station houses, 
freight houses, warehouses, turn-tables, water tanks, machine shops, 
repair shops and other buildings, structures, erections, fixtures, 
furniture and improvements of every kind, and all locomotives, 
engines, cars and other rolling stock and railway equipment, and 
all rails, ties, machinery, tools, implements, fuel and materials, 
and all contracts and agreements for the purchase or lease of roll¬ 
ing stock, machinery, tools and equipment, and all other property, 
real, personal or mixed, now held or hereafter acquired by the 
said Railway Company for or in connection with the construction, 
maintenance or operation, reparation or replacement of said rail¬ 
road and branches, or any of them, or other properties, or as neces¬ 
sary or convenient for the uses or purposes thereof; 

Also all rights, powers, privileges and franchises (except the 
franchise to be a corporation), connected with or relating to said 
railroad and branches, or any of them, including the right to oper¬ 
ate said railroad and branches, and all corporate franchises (except 
the franchise to be a corporation), rights, powers and privileges 
now held or hereafter acquired by said Railway Company; 

Also ev.ery other right, title, interest, property and thing which 
is necessary or convenient for the occupation, use and enjoyment 
of all and any of said railroad, leaseholds and other properties, 
rights and privileges, or any part thereof, whether the same be 
now held or shall hereafter be acquired by the said Railway Com¬ 


pany; 

To Have and to Hold the premises, property, rights, franchises 
and estates hereby conveyed, or intended to be conveyed, with all 
and singular the reversions, remainders, rents, issues and profits, 
privileges and appurtenances, now or hereafter belonging, or in 
anywise appertaining thereto, unto the said parties of the second 
part, their and each of their heirs, executors, administrators and 
successors, in trust forever; In Trust, Nevertheless, under the 




PART IV. 


MORTGAGES. 


113 


Chicago & Calumet Terminal Ry. Co., 1888. 

terms and provisions herein set forth, for the benefit, security and 
protection of the persons and corporations, firms and partnerships, 
who shall from time to time hold the bonds and interest coupons 
aforesaid, or any or either of them, and for the enforcing' of the 
payment thereof, when payable, in accordance with the true intent 
and meaning of the stipulations of this Mortgage, and of said 
bonds and of said interest coupons, and without preference of any 
of said bonds over any of the others thereof, by reason of priority 
in the time of the issue or negotiation thereof, or otherwise how¬ 
soever. 

And it is hereby Covenanted, declared and agreed by and 
between the parties hereto, and the said Railway Company, for 
itself, its successors and assigns, doth hereby covenant and agree to 
and with the respective persons and corporations, firms and part¬ 
nerships, who shall from time to time hold the bonds and interest 
coupons aforesaid, or any or either of them, that the further trusts, 
uses and purposes, conditions and covenants, for and upon which 
the rights, franchises and property, real and personal, hereinbefore 
described, are conveyed to, and are to be held and disposed of by 
the Trustees, are as follows, that is to say; 

First: The Railway Company shall not and will not make, issue 
or dispose of any of the bonds to be at any time issued hereunder, 
m any manner, or for any purpose, not consistent with the pro¬ 
visions of this instrument. And it shall and will apply the same, 
and the proceeds thereof exclusively, to the purposes herein desig¬ 
nated. 

Second: Upon the delivery, from time to time, to the said 
Central Trust Company of New York, one of said Trustees, of cer¬ 
tificates signed by the President of said Railway Company, and 
verified by its chief engineer, stating the number of miles of track 
of said railroad from time to time completed by said Railway 
Company, the said Central Trust Company of New York, shall as 
often as two miles or more of track appear by said certificate to 
have been completed, certify and deliver to said Railway Company, 
the aforesaid bonds at the rate of thirty-five thousand dollars per 





114 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

mile for each and every mile of first main track, and of track con- 
necting with industrial or manufacturing establishments, or with 
other railroads, and at the rate of fifteen thousand dollars per mile 
for each and every mile of second main track, and at the rate of 
fifteen thousand dollars per mile for each and every mile of any 
additional line of main track, constructed and completed upon any 
part of said line of railroad or branches thereof, as set forth in said 
certificates, all of which railroad shall be situated within a radius 
of twenty-two (22) miles from the Court House in the City of Chi¬ 
cago : and said certificates shall be conclusive evidence to the Trust¬ 
ees and either of them of the truth of any and all statements 
contained therein. 

Third : The Railway Company shall and will pay to the 
lawful holders of all bonds issued hereunder and hereby secured, 
the principal and interest therein agreed to be paid, at the 
times, and upon the conditions therein specified, upon the sur¬ 
render of said bonds, or the interest coupons thereto attached, 
as the case may be. 

Fourth: The Railway Company shall and will keep an office 
or agency in the city of New York for the payment of principal 
and interest on said bonds, and an appropriate book at such office 
or agency, for the registry and transfer of the said bonds, in ac¬ 
cordance with the terms thereof and of this mortgage; and upon 
the registration of any bonds in such book, a note of such registry 
shall be endorsed on the bonds. After such registration no trans¬ 
fer, except upon such transfer book, accompanied by note thereof 
on the bond, shall be valid as against either of the parties hereto, un¬ 
less the last registration shall have been to bearer, and if registered 
to bearer, the bonds shall thereafter be transferable by delivery 
until again registered in the name of the owner. The coupons 
when detached from a bond, whether it be registered or not, shall 
always be transferable by delivery only. The Trustees shall at all 
reasonable times have free access to such registry, and shall be 
entitled, on request in writing, to a copy thereof. 

For all purposes connected with the administration of the trust 




PART IV. 


MORTGAGES. 


115 


Chicago & Calumet Terminal Ry. Co., 1888. 


hereby created, the person in whose name any bond may be regis¬ 
tered, shall be treated as the owner thereof. 

Fifth: The bonds issued hereunder are hereby declared to be 
secured by a lien under this instrument, upon the whole line of 
railroad of the said Railway Company, and the rights and fran¬ 
chises of the said Railway Company pertaining thereto, and on all 
the real and personal property, including equipment, tools and ma¬ 
chinery acquired, or to be acquired, by the said Railway Company, 
for the use and operation of said railroad. And it is hereby agreed 
that as fast as any part of said authorized railroad shall be from 
time to time constructed, and bonds issued on account thereof as 
herein provided, such part, and all real and personal property, in¬ 
cluding equipment, tools and machinery pertaining thereto, ac¬ 
quired, or to be acquired, by the Railway Company, shall be 
covered by this mortgage, and all bonds at any time issued here¬ 
under shall be secured by an equal lien upon all parts of said rail¬ 
road, now or at any time hereafter constructed, and the real and 
personal property and franchises pertaining thereto, as herein pro¬ 
vided, and the proceeds of any sale of said railroad property and 
franchises, and the rents, issues and profits thereof, shall be applied 
to the payment of all bonds issued hereunder, without preference 
or priority. 

Sixth: Unless and until default be made in payment of the 
principal or interest of some of the bonds issued hereunder and 
hereby secured, the Railway Company, its successors and assigns, 
shall have, and be entitled to the possession, management, opera¬ 
tion, use, control and enjoyment of the said railroad and other 
property and franchises, hereby mortgaged, and the rents, income 
and profits thereof, as if this indenture had not been made; and on 
the payment of all of the bonds issued hereunder, all the estate and 
interest of the Trustees in said railroad property and franchises 
shall cease and determine, and the same shall at once become and 
be free, and discharged of the lien of this indenture, as fully and 
as effectually as though this indenture had never been executed. 

Seventh : The Railway Company covenants and agrees that peace- 






116 


MORTGAGES. 


PART IV 4 


Chicago & Calumet Terminal Ry. Co., 1888. 

ably and quietly holding, possessing and enjoying the said premises, 
it will pay all lawful taxes and assessments duly and properly im¬ 
posed, during the continuance of this indenture, upon the property 
hereby mortgaged, or intended so to be; and will not suffer any 
lien superior to the lien hereby created to attach and be enforced 
upon the same or any part thereof; and will not suffer any matter 
or thing whatsoever, whereby the lien hereof may be impaired, and 
will not commit or suffer any waste thereof, and will keep and 
maintain the property hereby mortgaged in good order and condi¬ 
tion, and will keep all rolling stock, equipment and other prop¬ 
erty, which is destructible by fire, hereby mortgaged, sufficiently 
insured against fire; and will pay the Trustees hereunder a reason¬ 
able compensation for the administration of the trust hereby 
created, and all charges reasonably incurred by the Trustees in the 
performance of the duties of the said trust. 

Eighth : In case default be made in the payment of any interest 
which shall accrue on the bonds issued under and secured by this 
indenture, or on any of them, and such default shall continue for 
six months, the whole of the principal sum of said bonds, together 
with all interest accrued and unpaid thereon, shall, after payment 
shall have been duly demanded in writing, such default continuing, 
become immediately due and payable, at the option of the Trust¬ 
ees, to be declared by them; and if requested to do so by a ma¬ 
jority in interest of the holders of the bonds hereby secured and 
then outstanding, by an instrument or concurrent instruments in 
writing or by vote at a meeting duly held, it shall be the duty 
of, and it is hereby made obligatory upon, the Trustees, in case of 
such default and non-payment after demand, to declare said entire 
principal sum due and payable as aforesaid, and the same shall 
thereupon immediately become due and payable; and a majority 
in interest of such bondholders may in like manner direct the 
Trustees to refrain from making such declaration, upon such terms 
and conditions as such majority shall deem proper; and a majority 
in interest of such bondholders may in like manner annul or re¬ 
verse the declaration if already made by the Trustees, and such 




PART IV. 


MORTGAGES. 


117 


Chicago & Calumet Terminal Ry. Co., 1888. 

principal sum shall thereupon cease to be clue, anything herein 
contained to the contrary notwithstanding, but the action of the 
Trustees or of the bondholders in case of any default shall not 
affect or impair the right of a majority in interest of such bond¬ 
holders, in manner aforesaid, at any time while such default con¬ 
tinues, to direct the Trustees to declare such principal sum due, 
nor shall it in anywise affect any subsequent default on the part 
of the Railway Company or impair any right resulting therefrom. 

Ninth: Whenever the principal of said bonds shall become due 
and payable, either by the expiration of the time limited therefor 
in said bonds, or by the declaration of the Trustees under the last 
preceding article, the Trustees may, and upon the request in 
writing of the holders of a majority of the said bonds then out¬ 
standing, and sufficient indemnity being furnished for their ex¬ 
penses and liabilities, they shall enter into and upon and take pos¬ 
session of the said railroad, franchises and other property hereby 
mortgaged, or intended so to be, and until the same shall be sold 
hereunder, shall hold, use, manage, maintain and operate the said 
railroad by their own managers, agents and servants, and collect 
and receive the rents, issues and profits thereof, and apply the 
same, first to their expenses as Trustees in the performance of 
their trust, including a just and reasonable compensation for their 
own services, and the services of their counsel, attorneys, agents 
and servants, and, next , to the maintenance, management and 
operation of the said railroad and other mortgaged property, in¬ 
cluding the payment of taxes, and the expense of making any 
necessary repairs and useful alterations upon or in respect to the 
mortgaged property, or any of it, which the Trustees may deem 
judicious and proper to be made, and, thereafter , to the payment 
of the principal and interest due and in default on said bonds, 
without any preference or priority of any one bond over any other 
bond, and they shall pay over the residue, if any, of such proceeds 
to the Railway Company, its successors or assigns. 

Tenth: Whenever the principal of said bonds shall have be¬ 
come due and payable as herein provided, the Trustees may, and 






118 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

upon request in writing, of the holders of a majority of the said 
bonds then outstanding, and an adequate indemnity being fur¬ 
nished for their expenses and liabilities, they shall, with or with¬ 
out entry, at their election, sell the said railroad and other property 
and franchises hereby mortgaged, or intended so to be, or so much 
thereof as may be necessary to provide for the payment of the 
amount due on said bonds, including interest and the expenses of 
the proceeding, at public auction in the city of Chicago or in the 
city of New York, at such time and place as the Trustees may des¬ 
ignate for that purpose, on at least twelve weeks’ public notice of 
the time and place of such sale, which shall be published not less 
than twice a week during that period in one or more newspapers 
published in the city of New York, and in one or more newspapers 
published in Chicago, Illinois, and the Trustees may adjourn the 
sale from time to time, giving reasonable notice of such adjourn¬ 
ments; and on such sale the Trustees shall have full power and 
authority to make and deliver deeds to the purchaser or purchasers 
of the railroad, or other property or franchises sold, which shall be 
as valid and effectual for the conveyance, assignment or transfer of 
such railroad or other property or franchises, as the party of the 
first part might or could make; and such purchaser or purchasers 
shall have the right of immediate possession of the railroad or other 
property, or franchises so sold and conveyed, notwithstanding any 
provision of any present or future law as to redemption, extension 
or appraisement, the benefit of which is expressly waived by the 
party of the first part, and the Trustees are hereby irrevocably au¬ 
thorized and empowered to deliver possession thereof accordingly; 
and such sale and conveyance shall be a perpetual bar, both in law 
and in equity, against the Railway Company, its successors and 
assigns, and against all persons lawfully claiming, or to claim by, 
through or under it or them. 

After deducting from the proceeds of such sale all the costs and 
expenses thereof, and a reasonable compensation to themselves as 
Trustees, and all their expenses and liabilities, in and about the 
performance of their duties under this Indenture, the Trustees shall 





PART IV. 


MORTGAGES. 


119 


Chicago & Calumet Terminal Ry. Co., 1888. 

a PPly so of the proceeds as may be necessary, to the payment 

of the amount due on said bonds for principal and interest, but 
without any preference or priority of any one bond over any other 
bond, and shall pay over the residue, if any, of such proceeds to 
the Railway Company, its successors or assigns. 

Eleventh : It is expressly agreed that the exercise of any dis¬ 
cretion or option to declare the principal debt due, or to enter 
upon and hold the mortgaged property or to sell under the power 
of sale vested in the Trustees by this indenture, shall be subject to 
the control of, and, if exercised, shall at any time be reversible 
by, the holders of the majority of the then outstanding bonds, se¬ 
cured hereby, and such discretion shall be exercised in the manner 
and for the purposes designated by the holders of such majority of 
outstanding- bonds. 

Twelfth: The provisions contained in the ninth and tenth arti¬ 
cles of this Indenture shall not be taken to preclude the Trustees 
from enforcing any other appropriate remedy for the foreclosure 
of this mortgage; and whenever entitled so to do by the terms of 
this Indenture, or, if default shall be made in the payment of any 
money, principal or interest, on any of the bonds hereby secured, 
or in the performance of any other covenants of the Railway Com¬ 
pany herein contained, it shall be lawful for the Trustees, at their 
discretion, at any time after payment or performance shall have 
been duly demanded in writing, such default continuing, to pro¬ 
ceed to enforce the rights of the Trustees and of the bond-holders 
unde* this mortgage, by foreclosure, or by such other appropriate 
proceedings, in any court, as they, being advised by counsel 
learned in the law, shall deem most expedient for the interests of 
such bondholders; provided, however , that it shall be the duty of 
the Trustees, and it is hereby made obligatory upon them, to re¬ 
frain from taking any action or pursuing any course which shall 
be contrary to the duly expressed wishes and directions of seven- 
eighths in interest of the holders of the bonds hereby secured and 
then outstanding, except that in case the Trustees shall enter upon 
and take possession of the mortgaged property or any part thereof, 






120 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

under the terms of this indenture, it shall be the duty of the Trust¬ 
ees, if further action shall be necessary to protect or enforce the 
rights of bondholders hereunder, to proceed, with all reasonable 
dispatch, either to exercise the power of sale hereby granted, or 
to institute and to prosecute to judgment such legal proceedings 
as may be suitable to foreclose this mortgage, and to sell the mort¬ 
gaged property. 

Thirteenth: If default shall be made in the payment of any 
money, principal or interest, on any of the bonds hereby secured, 
and such default shall continue for ninety days afterpayment shall 
have been duly demanded in writing, it shall be the duty of, and 
it is hereby made obligatory upon the Trustees, upon request of 
one-eighth in interest of the holders of the bonds hereby secured 
and then outstanding, expressed by an instrument or concurrent 
instruments in writing, or by vote at a meeting duly held, and 
upon reasonable indemnity to the Trustees for their expenses, to 
proceed forthwith to enforce the rights of the Trustees and of the 
bondholders under this mortgage, by foreclosure or by any other 
appropriate proceedings in any proper court or otherwise, accord¬ 
ing to such request ; and it is expressly agreed that, except as 
hereinafter provided, no holder or holders of any bonds secured 
by this mortgage shall have the right to institute any action or 
proceeding at law or in equity for the collection of the interest or 
principal of said bonds, or any of them, or for the enforcement of 
the terms of this mortgage, or the execution of the trust hereby 
created, or for any other purpose, unless the holders of one-eightli 
in interest of the then outstanding bonds shall have first given 
notice in writing to the Trustees of the occurrence of a default in 
the payment of principal or interest on said bonds, and its contin¬ 
uance as aforesaid, and have made request of the Trustees to take 
such action, and have afforded the Trustees a reasonable time and 
opportunity to comply therewith, and have offered to the Trustees 
adequate indemnity against costs, expenses and liabilities likely to 
be incurred in and about the action requested to be taken, and unless 
the Trustees shall have refused or failed to comply with such request. 







PART IV. 


MORTGAGES. 


121 


Chicago & Calumet Terminal Ry. Co., 1888. 

Fourteenth: Upon any sale of any of the property herein 
mortgaged or intended so to be, made in accordance with the pro¬ 
visions of this Indenture, the party of the first part doth hereby 
irrevocably waive the benefit or advantage of any and all present 
or future valuation, stay, appraisement, extension or redemption law 
or laws of either of the States of Illinois or Indiana. 

Fifteenth: In case of the sale of the property hereby mort 
gaged or any part thereof, the purchaser shall be entitled in mak¬ 
ing payment thereof, after paying in cash so much as shall be nec¬ 
essary to cover the costs and expenses of the sale, and of the pro¬ 
ceedings incident thereto, and all other charges required to be paid 
or provided for, in cash, (which shall be determined by the Trustees, 
in case of a sale by them under the power herein contained, and by 
the court in case of a sale under judicial proceedings), to turn in 
and use, toward the payment of the residue of the purchase price, 
any of the outstanding bonds or coupons, issued hereunder and en¬ 
titled to participate in the proceeds of such sale, reckoning each 
bond or coupon so turned in at such sum as shall be payable there¬ 
on, out of the net proceeds of such sale, and proper receipts shall 
thereupon be given by the holders of such bonds or coupons, for 
the amount so payable thereon, and the bonds or coupons, if the 
net proceeds of sale shall be sufficient to pay them in full, shall be 
delivered up to the Trustees, or other person making such sale and 
entitled to receive payment of the purchase money, and canceled 
or destroyed, or if the net proceeds of such sale shall be sufficient 
to pay such bonds or coupons only in part, proper endorsement 
shall be made on them of the amount so paid, and they shall then 
be returned to the holders thereof. 

Sixteenth: The Trustees shall at all times have power and 
authority, to be exercised in their own discretion, and not other¬ 
wise, to release from the lien and operation of these presents, and 
to convey, to any party or parties who may be designated in writ¬ 
ing by the said Railway Company, any portion of the said railroad 
or premises or property hereby mortgaged, which in the opinion 
of the Trustees shall not be necessary for use in connection with, 






122 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

or for the purpose of said railroad, and the Trustees shall have the 
like power and authority to consent to any changes in the location 
of the track, or of the buildings or structures, which in the judg¬ 
ment of said Railway Company, shall be expedient; and the Trustees 
shall execute and deliver, at the expense of the said Railway Com¬ 
pany, the instruments necessary and proper to carry into effect such 
release or change; provided that all money, real estate, or other 
property, forming the consideration for such conveyance or release, 
or the equivalent thereof, shall be paid, conveyed or assigned to 
and be held by the Trustees, in lieu of the property so conveyed or 
released, upon the trusts hereby created, as if the same had been 
originally included herein. The Trustees shall also permit the said 
Railway Company to dispose at pleasure of any of the machinery 
tools, supplies, materials and other personal property, which shall 
at any time be acquired or held for the use of the said railroad, 
and shall have become unfit or unnecessary for such use; but any 
and all machinery, tools, supplies, materials and other personal 
property which may be acquired in lieu of any so disposed of, shall, 
immediately upon the acquisition thereof, become subject to the 
lien and operation of this Indenture, as if the same had been origi¬ 
nally included herein. And the affidavit of the President and 
Chief Engineer of the said Railway Company as to the necessity or 
propriety of any release shall be accepted as sufficient evidence 
thereof, and the Trustees shall not be required to make any other 
or further inquiry upon the subject. 

Seventeenth: The Trustees, and either of them, under this 
Mortgage may resign the trusts hereby created by notice in writing 
to the said Railway Company, to be given at least three months 
before such resignation shall take effect, unless the said Railway 
Company shall accept a shorter notification; and whenever a va¬ 
cancy shall occur in the office of Trustee by death, resignation, re¬ 
moval or otherwise, the Board of Directors of said Railway Com¬ 
pany shall have the right to fill such vacancy and to appoint another 
Trustee by an instrument in writing under the corporate seal of the 
said Railway Company, subscribed by its president and attested by 




MORTGAGES. 


123 


PART IV. 

Chicago & Calumet Terminal Ry. Co., 1888. 

its secretary, a copy of which shall be duly acknowledged and filed 
in the office of the Secretary of State in each of the States of Illi¬ 
nois and Indiana. Notice of such appointment shall be given in at 
least one newspaper published in the City of New York, and in one 
newspaper published in the City of Chicago, in the State of Illi¬ 
nois, at least once a week for one month, immediately thereafter; 
and the successor or successors so appointed shall be vested with 
all the estate, and shall possess all the rights, powers and discretion, 
granted or conferred, or intended so to be, by this Indenture. 

In case the said Board of Directors shall for thirty days refuse or 
neglect to till any vacancy which has occurred in the office of 
Trustee, after being requested to do so by the holder of any bonds 
issued hereunder, any holder of said bonds shall have the right to 
apply to any Circuit Court of the United States in the State of 
Illinois or in the State of Indiana, on at least twenty days’ notice 
to the party of the first part, to fill such vacancy by the appoint¬ 
ment of a new Trustee. 

Upon the resignation, removal or death of any Trustee, under 
this indenture, all the estate, power and authority of such Trustee 
under this indenture shall cease and determine. 

of any Trustee hereunder 
to see to the recording of this Indenture as a mortgage or convey¬ 
ance of real estate, or to the filing thereof as a chattel mortgage, 
or to the doing of anything which may be suitable and proper to 
be done for the continuing of the lien of this Indenture, or for giv¬ 
ing notice of the existence of such a lien, nor shall it be any part 
of the duty of a trustee to effect insurance against fire or other 
damage on any of the mortgaged property, or to renew any poli¬ 
cies of insurance. Nor shall any Trustee be under any obligation 
to recognize any person as bondholder until the bonds of such per¬ 
son have been produced and deposited with the Trustees; and such 
Trustees shall be under no obligation to appear, as defendants, in 
any suit or legal proceedings brought against them as Trustees 
under this Indenture, until indemnified to their satisfaction for so 
doing. In case it shall be necessary and proper for the Trustees 


Eighteenth : It shall not be the duty 









124 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

under this Indenture, to investigate any facts preparatory to tak¬ 
ing or not taking any action, or doing or not doing anything as 
such Trustees, the certificate of the party of the first part, under its 
corporate seal, attested by the signature of its president and the 
affidavit of one or more of its Directors shall be sufficient evidence 
of such fact, to protect the Trustees in any action they may take or 
abstain from taking, by reason of the supposed existence of such 
facts. 

The recitals of this Indenture are made on behalf of the party 
of the first part, and the parties of the second part assume no 
responsibility for the correctness of any statement herein con¬ 
tained. 

The word “Trustee” as used in this Indenture shall be con¬ 
strued to mean the Trustees or Trustee for the time being. 

No Trustee shall be in any manner responsible for any act, de¬ 
fault or misconduct of any co-Trustee, or of any agent or attorney 
selected with reasonable care, nor for any other thing than for such 
Trustee’s own wilful default, misconduct or gross negligence. 

Nineteenth: The parties hereto mutually covenant and agree 
that they will upon reasonable request, make, do, execute, and de¬ 
liver any other or further acts, deeds, conveyances, or assurances 
which may be necessary or proper for more effectually carrying out 
the purposes of this Indenture. 

Twentieth: If the Railway Company, its successors or assigns, 
shall well and truly pay, or cause to be paid, all sums due and pay¬ 
able on the bonds issued hereunder and secured hereby, according 
to the terms thereof, and of this Indenture, and shall well and 
truly keep and perform all the stipulations, covenants and agree¬ 
ments herein contained, according to the true intent and meaning 
of these presents, then and from thenceforth, this Indenture shall 
become void and of no further effect, anything herein contained to 
the contrary notwithstanding; and the Trustees shall on demand, 
execute and deliver any Instruments which may be necessary to se¬ 
cure the cancellation and discharge of record of this mortgage. 

Twenty-first: The said Railway Company shall have the right 




PAliT IV. 


MORTGAGES. 


1 2 5 


Chicago & Calumet Terminal Ry. Co., 1888. 

at any time after the maturity of the bonds secured hereby, to fix 
a time at which payment of all unpaid bonds will be made at its 
Office or Agency in the City of New York, and notice thereof hav¬ 
ing been given for at least three months, by publication in at least 
one newspaper in the City of New York, and one in the City 
of Chicago, and in such other newspapers as, if any, the Trustees 
may direct, all such bonds as shall not be presented for payment 
pursuant to such notice shall be deemed paid, by the deposit with 
the said Central Trust Company of New York, or with any Trust 
Company in the City of New York designated for that purpose by 
the Trustees for the time being, to the credit of the holders of such 
bonds, of the amount then due for principal and interest 
thereon; and thereupon it shall be the duty of the Trustees to ex¬ 
ecute and deliver such Instruments as may be necessary, for the can¬ 
cellation and discharge of this mort°fa°’e. In case the funds so 
deposited shall not be claimed by the owner or owners of such out¬ 
standing and unpaid bonds, within ten years after such deposit, it 
shall be the duty of such depositary to pay over the same, to the 
Railway Company, its successors or assigns. 

In witness whereof, the parties corporate hereto have respect¬ 
ively caused these presents to be sealed with their corporate seals, to 
be signed by their respective Presidents, and to be attested by their 
respective Secretaries, and the said DeForest L. Skinner has 
signed and sealed the same, the day and year first above written. 

Chicago and Calumet Terminal Railway Company. 

By Joseph T. Torrence, 

President. 


Attest : 

James S. Prentiss, 

Secretary. 


Chicago and Calumet 
Terminal Railway Company 
Corporate Seal, Chicago, Ills. 









12G 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 


Central Trust Company of New York. 


Central Trust 
Company of 
New York. 


By George Sherman, 


V. President. 


Attest: 


B. G. Mitchell, 


Asst. Secretary. 


DeForest L. Skinner, [seal.] 

Trustee. 


State of Illinois, ) 

County of Cook, f ss * 

I, William J. Stapleton, a Notary Public in and for the County 
and State aforesaid, do hereby certify that on the third day of 
July, A. D. 1888 , before me personally appeared Joseph T. Tor¬ 
rence, known to me to be the President of the Chicago and Calu¬ 
met Terminal Railway Company, the corporation described in and 
which executed the foregoing Mortgage as party of the first part 
thereto, who being by me duly sworn, did depose and say that he 
resides in the City of Chicago, Cook County, Illinois; that he is 
the President of the said Chicago and Calumet Terminal Railway 
Company, and knows the seal thereof; that the seal affixed to the 
foregoing Mortgage is the corporate seal of said Railway Company, 
and that said Mortgage is executed as the voluntary act and deed 
of said Railway Company, and that he signed his name thereto by 
the order of the Board of Directors of said Company, as President 
thereof. 

In Witness Whereof, I have hereunto set my hand and official 
seal this third day of July, A. D. 1888 . 


William J. Stapleton 
Notary Public, 
Cook County, Ills. 


William J. Stapleton, 


Notary Public. 







PART IV. 


MORTGAGES. 


127 


Chicago & Calumet Terminal Ry. Co., 1888. 


State of Indiana, ) 

County of Porter. ( * 

I, J. Hanford Skinner, a Notary Public in and for the County 
and State aforesaid, do hereby certify that on the 5th day of July, 
A. D. 1888, before me personally appeared DeForest L. Skinner, 
known to me to be the same person whose name is subscribed to 
the foregoing Mortgage, as one of the parties of the second part 
thereto, and acknowledged that he executed the same as his free 
and voluntary act as such Trustee, for the uses and purposes therein 
set forth. 

In Witness Whereof, I have hereunto set my hand and official 
seal this 5th day of July, A. D. 1888. 

J. Hanford Skinner, 

Notary Public. 


Porter County, 
Notary Public, 
Indiana. 


State, County and ) 

City of New York. \ * 

I, Herbert M. Hyde, a Notary Public, in and for the State of 
New York, in and for the City and County of New York, do hereby 
certify that on the tenth day of July, A. D. 1888, before me per¬ 
sonally appeared George Sherman, known to me to be the Vice 
President of the Central Trust Company of New York, the corpo¬ 
ration described in and which executed the foregoing Mortgage, as 
one of the parties of the second part thereto, who being by me 
duly sworn, did depose and say that he resides in the City of New 
York, and that he is the Vice President of the said Central Trust 
Company of New Fork, and knows the seal thereof, that the seal 
affixed to the foregoing Mortgage is the corporate seal of said Com¬ 
pany, and was affixed thereto by order of the Board of Directors of 
said Company, and that such mortgage is executed as the voluntary 
act and deed of said company, and that he signed his name thereto 
by order of the Board of Directors of said Company as Vice Pres¬ 
ident thereof. 






128 


MORTGAGES. 


PART IV. 


Chicago & Calumet Terminal Ry. Co., 1888. 

In Witness Whereof, I have hereunto set my hand and official 
seal this tenth day of July, A. D. 1888. 

Herbert M. Hyde, 

Notary Public. 

New York City and Co. 


Herbert M. Hyde, 
Notary Public, 
New York, N. Y. 


Filed in the office of the Recorder of Lake County, Indiana, 
July 16th, 1888. 

Filed in the office of the Recorder of Cook County, Illinois, July 
18th, 1888. 





PART IV. 


MORTGAGES. 


129 


RESOLUTION OF STOCKHOLDERS, 

Authorizing foregoing Mortgage. 

Chicago and Calumet Terminal Railway Company. 

Copy of resolutions of stockholders , passed April 17 , 1889 , con¬ 
firming bonds and mortgage of June 1 , 1888. 

I, James S. Prentiss, Secretary of the Chicago and Calumet 
Terminal Railway Company, do hereby certify that at a meeting of 
the stockholders of the Chicago and Calumet Terminal Railway 
Company, held at the office of the Company, at room 529, in the 
“ Rookery” Building, in the City of Chicago, Illinois, on the 17th 
day of April, A. D. 1889, at which meeting the holders of the 
entire capital stock of the company, being fifty thousand shares, 
were present in person or by duly appointed proxies, there were 
introduced and unanimously passed the following preamble and 
resolutions, to wit: 

44 Whereas, At an adjourned meeting of the stockholders of the 
Chicago and Calumet Terminal Railway Company, held on the 
15th day of May, A. D. 1888, at 2 o’clock p. m., a resolution was 
adopted authorizing the issuance of bonds and the execution of a 
mortgage in conformity with and pursuant to resolutions of the 
board of directors adopted at a meeting of said board, held on the 
14th day of May, A. D. 1888, at 10 o’clock a. m., and said bonds 
and said mortgage have been heretofore duly executed by the offi¬ 
cers of this company, pursuant to said resolutions of said board 
of directors and to said resolution adopted at said stockholders’ 
meeting, the said mortgage being in the form of a deed of trust 
to the Central Trust Company of New York, in the City of New 
York, and DeForest L. Skinner, of Valparaiso, Indiana, as 
trustees, covering and conveying all the property, franchises and 
privileges of this company to secure bonds as therein mentioned, 
dated the 1st day of June, A. D. 1888, and recorded in the office 
of the Recorder of Lake County, State of Indiana, on the 16th 
day of July, A. D. 1888, in book 19 of mortgages, beginning at 









130 



PART IVj 


Resolution of Stockholders authorizing foregoing Mortgage. 


page 100, and also recorded in the office of the Recorder of Cook 
County, State of Illinois, on the 18th day of July, A. D. 1888, in 
book 2400 of records, beginning at page 53; and 

“ Whereas, Some question has been raised as to the sufficiency 
of the authority given for the making of said mortgage by the ac¬ 
tion of the stockholders aforesaid at said meeting as expressed in 
said resolution; and 

“ Whereas, The entire capital stock of this company, being 
fifty thousand shares, is represented at this meeting, the holders 
of more than nine-tenths of said capital stock being now here 
present in person; and 

“ Whereas, There is not outstanding against this company any 
other bonds or any other mortgage than the bonds and mortgage 
hereinbefore referred to; therefore be it now 

“ Resolved , That the action of the said stockholders authorizing 
said bonds and said mortgage at the meeting: aforesaid, held on the 
said 15th day of May, A. D. 1888, be and it is hereby approved, 
ratified and confirmed as of said date, that the stockholders of this 
company do now hereby approve, ratify and confirm as of said date 
the authority given and purporting to be given by said meeting 
for the execution of the said mortgage and the issuance of the 
bonds to be secured thereby, and that the stockholders of this com¬ 
pany do hereby further approve, ratify and confirm the action of 
the officers of this company in executing and issuing or providing 
for issuing said bonds, and in executing, recording and delivering 

said mortgage.” 

© © 

And I further certify that every one of the fifty thousand shares 
of the capital stock of said company was duly voted in favor of 
said preamble and resolutions, and that no share of stock was voted 
in opposition thereto. 

Witness my hand as Secretary of the said Chicago and Calumet 
Terminal Railway Company and the seal of said company at Chi¬ 
cago, Illinois, this 22d day of April, A. D. 1881). 


James S. Prentiss, 


[seal.] 


Secretary . 




PART IV. 


MORTGAGES. 


131 


Resolution of Stockholders authorizing foregoing Mortgage. 


Filed in the office of the Secretary of State of Illinois, April 
23d, 1889. 

Filed in the office of the Recorder of Cook County, April 23d, 
1889. 




132 


MORTGAGES. 


PART IV. 


AGREEMENT 

Limiting Issue of Bonds under Chicago and Calumet Terminal 
Railway Company Mortgage of June 1st, 1888. 

This Indenture, made the first day of June, A. D. 1889, be¬ 
tween the Chicago and Calumet Terminal Railway Company, a 
corporation duly organized and existing under and by virtue of the 
laws of the States of Illinois and Indiana, and hereinafter referred 
to as the Railway Company, party of the first part, and the Central 
Trust Company of New York, a corporation duly organized and 
existing under and by virtue of the laws of the State of New York, 
and DeForest L. Skinner, of Valparaiso, Porter County, Indiana, 
Trustees, and hereinafter referred to as the Trustees, parties of the 
second part. 

Whereas, the Chicago and Calumet Terminal Railway Com¬ 
pany did heretofore on the first day of June, 1888, execute and de¬ 
liver to the said Central Trust Company of New York and the said 
DeForest L. Skinner, of Valparaiso, Porter County, Indiana, as 
Trustees, its mortgage to secure inter alia an issue of first mortgage 
five per cent, fifty years gold bonds of one thousand dollars each, 
which bonds bear date the first day of June, A. D. 1888, which 
said mortgage was recorded in the Recorder’s office of Lake 
County, Indiana, on the Kith day of July, 1888, at 11 a. m., in 
Book 19 of Mortgages, pages 100, &c., and in the office of the Re¬ 
corder of Deeds for the County of Cook, in the State of Illinois, on 
the 18th day of July, 1888, at 10 a. m., in Book 2,400 of Records, 
page 53; and 

Whereas, by said mortgage it was provided that there should 
be executed and secured thereby certain bonds, which bonds were 
to be certified by the Central Trust Company of New York, as 
Trustee, and delivered to the Railway Company for issue and sale, 
under the terms and conditions set out in Article Second of said 
Mortgage in the manner following: 

“ Upon the delivery, from time to time, to the said Central 




MORTGAGES. 


133 


PART IV. 

Agreement limiting foregoing Mortgage. 

Trust Company of New York, one of said Trustees, of certificates 
signed by the president of said Railway Company, and verified by 
its chief engineer, stating the number of miles of track of said rail- 
road from time to time completed by said Railway Company, the 
said Central Trust Company of New York shall, as often as two 
miles or more of track appear by said certificate to have been com¬ 
pleted, certify and deliver to said Railway Company the aforesaid 
bonds at the rate of thirty-five thousand dollars per mile for each 
and every mile of first main track and of track connecting with in¬ 
dustrial or manufacturing establishments, or with other railroads, 
and at the rate of fifteen thousand dollars per mile for each and 
every mile of second main track, and at the rate of fifteen thousand 
dollars per mile for each and every mile of any additional line of 
main track, constructed and completed upon any part of said line 
of railroad or branches thereof, as set forth in said certificates, all 
of which railroad shall be situated within a radius of twenty-two 
(22) miles from the Court House in the City of Chicago; and said 
certificates shall be conclusive evidence to the Trustees and either 
of them of the truth of any and all statements contained therein”; 
and 

Whereas, it is desired by the said Railway Company that the 
bonds to be issued under said mortgage shall be issued upon the 
terms and conditions and in the manner provided in Article Second 
thereof, but that the aggregate amount of bonds to be executed 
and issued by the Railway Company and certified by the Trustees 
shall not exceed in the aggregate three thousand bonds of one 
thousand dollars each, making in the aggregate a total issue of 
three million dollars, instead of a total issue of ten million dollars, 
as provided in said mortgage: 

Now, therefore, this Indenture Witnesseth: That for and in 
consideration of the facts hereinbefore recited, and of the payment 
of one dollar by each of the parties* to the other, the receipt of 
which is hereby acknowledged, the Railway Company hereby cov¬ 
enants and agrees that it will not execute, issue and deliver, and 
the Trustees covenant and agree that they will not certify bonds 




134 


MORTGAGES. 


PART IV, 


Agreement limiting foregoing Mortgage. 


secured by the said mortgage of June 1st, 1888, otherwise than 
as is provided in Article Second of the said Mortgage of June 1st, 
1888, or to an amount greater than three thousand bonds of one 
thousand dollars each, amounting in the aggregate to three million 
dollars. 

In confirmation of and by way of further assurance, the said 
Railway Company hereby ratifies and confirms the said mortgage 
of June 1st, 1888, and all the conveyances, covenants, terms and 
conditions therein contained, except as herein modified. 

In witness whereof, the parties corporate hereto have respect¬ 
ively caused these presents to be sealed with their corporate seals, 
to be signed by their respective Presidents, and to be attested by 
their respective Secretaries, and the said DeForest L. Skinner has 
signed and sealed the same, the day and year first above written. 

Chicago and Calumet Terminal Railway Company, 


By Joseph T. Torrence, 

President. 



Attest: James S. Prentiss, 

Secretary. 

Central Trust Company of New York, Trustee, 

By F. P. Olcott, 


[seal.] 

Attest: C. H. P. Babcock, 


President. 


Secretary. 


DeForrest L. Skinner, 

Trustee. 




Part iv. 


MORTGAGES. 


135 


Agreement limiting foregoing Mortgage. 

State of Illinois, ) 

County of Cook. J 8S ‘ 

I, Marshall Lapham, a Notary Public in and for the County and 
State aforesaid, do hereby certify that on the tenth (10th) day of 
June, A. D. 1889, before me personally appeared Joseph T. Tor¬ 
rence, known to me to be the President of the Chicago and Calu¬ 
met Terminal Railway Company, the corporation described in and 
which executed the foregoing Mortgage as party of the first part 
thereto, who being by me duly sworn, did depose and say that he 
resides in the City of Chicago, Cook County, Illinois; that he is 
the President of the said Chicago and Calumet Terminal Railway 
Company, and knows the seal thereof; that the seal affixed to the 
foregoing Mortgage is the corporate seal of said Railway Company, 
and that said Mortgage is executed as the voluntary act and deed 
of said Railway Company, and that he signed his name thereto by 
the order of the Board of Directors of said Company as President 
thereof. 

In Witness Whereof, I have hereunto set my hand and official 
seal this tenth (10th) day of June, A. D. 1889. 

Marshall Lapham, 

[seal.] Notary Public. 

State of Indiana, ) gg 
County of Porter, f 

I, J. Hanford Skinner, a Notary Public in and for the County and 
State aforesaid, do hereby certify that on the tenth day of June, 
A. D. 1889, before me personally appeared DeForest L. Skinner, 
known to me to be the same person whose name is subscribed to 
the foregoing Mortgage, as one of the parties of the second part 
thereto, and acknowledged that he executed the same as his free 
and voluntary act as such Trustee, for the uses and purposes therein 
set forth. 

In Witness Whereof, I have hereunto set my hand and official 
seal this tenth day of June, A. D. 1889. 

J. Hanford Skinner, 

fs’EAL.l Notary Public. 





13(5 


MORTGAGES. 


PART IV. 


Agreement limiting foregoing Mortgage. 


State, County and ) 

City or New York. i ss ’ 

I, Herbert M. Hyde, a Notary Public, in and for the State of 
New York, in and for the City and County of New York, do hereby 
certify that on the fourteenth day of June, A. D. 1889, before me 
personally appeared Frederick P. Olcott, known to me to be the 
President of the Central Trust Company of New York, the cor¬ 
poration described in and which executed the foregoing Mortgage, 
as one of the parties of the second part thereto, who being by me 
duly sworn, did depose and say that he resides in the City of New 
York, and that he is the President of the said Central Trust Com¬ 
pany of New York, and knows the seal thereof; that the seal 
affixed to the foregoing Mortgage is the corporate seal of said Com¬ 
pany, and was affixed thereto by order of the Board of Directors 
of said Company, and that such mortgage is executed as the 
voluntary act and deed of said Company, and that he signed his 
name thereto by order of the Board of Directors of said Company 
as President thereof. 

In W itness Whereof, I have hereunto set my hand and official 
seal this fourteenth day of June, A. D. 1889. 

Herbert M. Hyde, 

[seal.] Notary Public, 

N. Y. City and Co. 

Recorded in the office of the Recorder of Cook County, Illinois, 
June 20th, 1889. 

Recorded in the office of the Recorder of Lake County, Indiana, 
July 21st, 1889. 






























, 




. 

. 



































Part V. 

CORPORATE SEALS. 




PART V. 


CORPORATE SEALS. 


Cbe Chicago anb (5teat Western 
IRailroab Company. 


Cbe Chicago, Ibarlem anb JBatavia 
IRailwat? Company. 


Cbe ©ribgeport anb $outb Chicago 
IRatlroab Company. 




CORPORATE SEALS. 


PART V. 


<Xbe Chicago anb (Breat Western 
IRatlroab Company. 


Cbe Chicago, Ibarlem anb Batavia 
1Railwa\> Company. 


Cbe Bribgeport anb $outb Chicago 
IRailroab Company. 




PART V 


CORPORATE SEALS. 


3 




Chicago ant> IRortbern pacific 
IRailroah Company. 


Cbe Chicago Central 
1Ratlwa\> Company. 


Che Chicago anh Southwestern 
IRailroah Company. 





4 


CORPORATE SEALS. 


PART V. 














Chicago anb IRortbern [Pacific 
IRailroab Company. 



Cbe Chicago Central 
■Railway Comp # an\>. 


Che Chicago anb $outhwestern 
IRailroab Company. 





PART V. 


CORPORATE SEALS. 


Chicago ant) Calumet terminal 
1Rallwa\> Company. 



Cbe Calumet IRlver 

IRallwa? Company. 

i . 


Ibammont) ant> Xabe flIMcbtgan 
IRatlwa? Company. 



CORPORATE SEALS. 


PART V. 


Chicago anb Calumet Cermtnal 
IRallwai? Company. 


Cbe Calumet IRtver 

1Rallwa\> Company. 


Ibammonb anb lake fllMcblgan 
lRatlwa\> Company. 






PART Y. 


CORPORATE SEALS 


7 


Cbe Chicago $outb Branch 
Dock Company 




I 


CORPORATE SEALS. 


part v. 


« 


Cbe Chicago $outb ©ranch 
3>och Company. 





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